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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAVINDRA KUMAR AGRAWAL, RAMESH SINHA
Soni Ajay Banjare, W/o. Shri Ajay Banjare – Appellant
Versus
State Of Chhattisgarh Through The Secretary, Urban Administration And Development Department – Respondent
| Table of Content |
|---|
| 1. details surrounding removal of municipal president. (Para 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 2. arguments against the removal decision. (Para 10 , 11 , 12 , 13 , 14 , 15) |
| 3. state's defense of removal decision. (Para 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25) |
| 4. court's examination of statutory powers and discretionary actions. (Para 26 , 27) |
| 5. principles of strict compliance and collective responsibility. (Para 28 , 29 , 30 , 31 , 32 , 33 , 34) |
| 6. final decision allowing the appeal. (Para 35 , 36 , 37) |
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 passe
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 removal of an elected official requires strict adherence to statutory provisions and principles of natural justice, ensuring due process in disqualification cases.
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.
The amendment to the Chhattisgarh Municipalities Act, enhancing local governance and reducing executive interference, was upheld as constitutional and not manifestly arbitrary.
The judgment established the importance of recording reasons, adherence to statutory timelines, and the need for application of mind in quasi-judicial decisions, emphasizing procedural fairness and n....
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....
Removal from elected office must be based on clear, substantiated allegations; arbitrary removal without evidence violates principles of natural justice.
Removal of an elected representative requires proof of willful misconduct and adherence to principles of natural justice, not just allegations of negligence.
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