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 is impermissible.

Judgment :

Ramesh Sinha, C.J.

1. Heard Mr. Rajeev Shrivastava, Senior Advocate along with Mr. Jitendra Pali, learned counsel appearing for the appellant as well as Mr. Praveen Das, learned Additional Advocate General appearing for the State and Mr. R.S. Patel, learned counsel appearing for the respondent No.5.

2. This writ appeal, filed under Section 2(1) of the Chhattisgarh High Court (Appeal to Division Bench) Act, 2006, is directed against the judgment and order dated 19.12.2025 passed by the learned Single Judge of this Court in Writ Petition (C) No. 3629 of 2025, whereby the writ petition preferred by the present appellant assailing the order dated 02.07.2025 passed by the State Government under Section 41-A of the Chhattisgarh Municipalities Act, 1961, removing her from the post of President, Municipal Council, Sarangarh, and disqualifying her from holding the said office for the next term, came to be dismissed. The appellant, who was elected as President of the Municipal Council, Sarangarh, calls in question the legality, correctness, and propriety of the said judgment of the learned Single Judge as well as the underlying action of the State Government, primarily on the grounds that the impugned action is arbitrary, violative of the statutory scheme of the Act of 1961, and results in illegal curtailment of her democratic mandate.

3. The facts of the case as emerges from the pleadings of the appeal are that, the appellant was elected as a Councillor of the Municipal Council, Sarangarh, in the local body elections and was thereafter elected as the President of the Municipal Council, Sarangarh, with effect from 03.01.2022. During her tenure, the affairs of the Municipal Council were administered in accordance with the provisions of the Chhattisgarh Municipalities Act, 1961, and the Rules framed thereunder.

4. It is not in dispute that during the appellant’s tenure as President, certain parcels of municipal land situated at different locations within the limits of Municipal Council, Sarangarh, were allotted on lease to private individuals for construction or extension of shops. These allotments pertained to small parcels of land adjoining existing shops and were approved through resolutions of the President-in-Council (PIC) and subsequently placed before the General Body of the Municipal Council.

5. The record further reveals that in respect of the said allotments, possession of the municipal land was handed over to the beneficiaries prior to obtaining approval of the State Government, and before completion of the statutory process prescribed under the Chhattisgarh Municipalities (Transfer of Immovable Property) Rules, 1996. The allotments involved alienation of municipal land on lease basis for specified periods upon payment of premium and rent.

6. On the basis of complaints received alleging irregular and unauthorized allotment of municipal land, the matter was examined by the Urban Administration and Development Department. Consequently, a show cause notice dated 12.03.2025 was issued to the appellant invoking Section 41-A of the Chhattisgarh Municipalities Act, 1961, calling upon her to explain as to why she should not be removed from the post of President and disqualified on the allegation that municipal land had been allotted in violation of statutory provisions.

7. The appellant submitted her reply to the show cause notice denying the allegations and contending, inter alia, that the allotments were made pursua