Back
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
AJAY MOHAN GOEL
Sonu – Appellant
Versus
State Of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. notice accepted; petition disposed at admission stage. (Para 1 , 2) |
| 2. pradhan suspended; appeal stay granted then vacated. (Para 3) |
| 3. appellate authority erred vacating stay without merits hearing. (Para 4 , 5) |
| 4. quash order; stay suspension pending appeal decision. (Para 6 , 7) |
JUDGMENT :
Ajay Mohan Goel, J.
Notice. Mr. Pushpinder Jaswal, learned Additional Advocate General, accepts notice on behalf of the respondents.
2. In light of the controversy involved in this petition and with the consent of the parties, the same is being disposed of at this stage itself.
3. The petitioner, who was elected as Pradhan of the Gram Panchayat, Bhatoli Kalan in the year 2021, was placed under suspension by Deputy Commissioner, Solan, vide order dated 30.8.2025 (Annexure P-4). The petitioner preferred an Appeal against the said order and on 16.09.2025, vide Annexure P-5, the Appellate Authority stayed the order of suspension. However, thereafter on 25.09.2025, the interim order stood vacated. Feeling aggrieved the petitioner has approached this Court.
4. Having heard learned counsel for the petitioner as well as learned Additional Advocate General, this Court is of the considered vie
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....
Appeals against suspension of elected Gram Panchayat Pradhans must be decided expeditiously, particularly near term end; improper adjournments by unauthorized persons justify staying suspension pendi....
Administrative bodies must provide clear justifications for suspension orders and act expediently in processing appeals to ensure fairness.
Suspension of elected office bearer without opportunity of hearing violates mandatory statutory provision, rendering order void ab initio, with liberty to proceed afresh in accordance with law.
Suspension of an elected official is deemed revoked if the inquiry is not completed within six months as mandated by law.
Procedural fairness requires authorities to provide reasons when suspending elected representatives; mechanical actions without due justification are invalid.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
