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GOUTAM BHADURI, RADHAKISHAN AGRAWAL
Shyam Pal Tamrakar S/o Shri Madho Prasad Tamrakar – Appellant
Versus
State of Chhattisgarh – Respondent
ORDER :
1. The present petition has been filed challenging the constitutional validity of Sections 43, 43-A and 47 of the Chhattisgarh Municipalities (Amendment) Act, 2019, which is evident from S. No. 13, 14 & 15, respectively of the amendment dated 12/12/2019, by which the State Government has added the word “President” in Sections 43 & 43-A and omitted Section 47 of the original Chhattisgarh Municipalities Act, 1961. The erstwhile provision of now omitted Section 47 provides a detailed procedure for conducting enquiry before removal of a President from the office.
2. Sections 43 & 43-A which stood after amendment reads as under:
(1) The State Election Commission shall cause the election of President and Vice-President immediately after every election of Municipal Council and Nagar Parishad in such manner as may be prescribed. The elected members of the Council shall elect a President and a Vice-President in the prescribed manner, from elected members in its first meeting as specified in Section 55.
(2) The meeting under sub-section (1) shall be presided over by such officer as mentioned in sub-section (2) of Section 55.
(3)
The amendment to the Chhattisgarh Municipalities Act, enhancing local governance and reducing executive interference, was upheld as constitutional and not manifestly arbitrary.
The court upheld the Haryana Municipal (Amendment) Act, 2018, affirming the State Election Commission's authority to remove elected officials for disqualifications, aligning with legislative competen....
Point of Law : Proviso to Article 243R(2) does not apply to the election of Chairperson of Municipality concerned, the same also does not deserve acceptance, as the proviso specifically bars the nomi....
The removal of an elected official requires strict adherence to statutory provisions and principles of natural justice, ensuring due process in disqualification cases.
Removal of an elected office bearer must adhere strictly to statutory procedures and cannot be based on collective decisions without individual culpability. Arbitrary action violating natural justice....
The main legal point established in the judgment is the requirement of conducting a full-fledged inquiry into the charges against an elected representative of the people and the emphasis on the princ....
The grounds for removal of an elected official must be justified under the relevant legal provisions, and removal should only be resorted to under grave and exceptional circumstances.
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