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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE AJAY MOHAN GOEL
Usha Devi – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Ajay Mohan Goel, J.
By way of this writ petition, the petitioner has, inter alia, prayed for the following relief:-
“Issue a writ of a writ of certiorari or any other appropriate writ for quashing the Annexure P-7 dated 14.12.2023 passed by respondent No.2 i.e. Learned Divisional Commissioner. Further quash the Annexure P-3 dated 08.11.2023 having been issued without application of mind.”
2. The controversy involved in this writ petition is in a very narrow compass. The petitioner herein is aggrieved by order dated 08.11.2023 (Annexure P-3), in terms whereof, she was placed under suspension by the Authority by invoking the provisions of Section 145(1)(c) of the Panchayati Raj Act, 1994 as well as order dated 14.12.2023, passed by the Divisional Commissioner in Appeal No.192 of 2023, titled Usha Devi versus Deputy Commissioner Sirmour, in terms whereof, the appeal preferred by the petitioner against her suspension was rejected by the Appellate Authority.
3. In terms of the averments made in the writ petition, the petitioner was elected as Pradhan of Gram Panchayat Koti Uttrou, Tehsil Shillai, District Sirmour in the year 2021. She was issued a show cause notice on 13.10.2023 (
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Point of law: power of suspension may be invoked by the State Government, if the proceedings have been commenced for removal of a member as provided under subsection (1) of Section 39 of the Act of 2....
Appellate authorities must decide suspension appeals of elected public representatives on merits rather than vacating interim stays in ways rendering appeals infructuous, adopting pragmatic, sensitiv....
The court ruled that the suspension of an elected Sarpanch was unjustified as the conditions for suspension were not met, emphasizing the distinction between elected representatives and public servan....
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