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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
R.VIJAYAKUMAR
K. Sakuntala – Appellant
Versus
Principal Secretary, Department of Municipal Administration and Water Supply, Chennai – Respondent
ORDER :
1. The present writ petition has been filed seeking to quash GO(N).No.375, Municipal Administration and Drinking Water Supply Na.Ni.5(2) Department dated 07.11.2025 wherein the petitioner has been removed not only from the post of Chairman of third respondent Municipality but also from the post of Councillor of the 11th Ward of the said Municipality.
(A) Facts leading to the filing of the present writ petition are as follows:
2. The petitioner herein was elected as 11th Ward Councillor of Usilampatti Municipal Council on 22.02.2022. In the internal election process, she was elected as Chairperson of the Municipal Council on 04.03.2022. On 22.10.2024, the petitioner was issued with show cause notice by the first respondent invoking Section 52 (2) of Tamil Nadu Urban Local Bodies Act 1998 calling upon her to offer her explanation why action should not be initiated as against her. The petitioner has submitted her explanation on 06.11.2024. On 18.11.2024, the first respondent had called for para-wise remark from the second respondent with regard to the explanation submitted by the writ petitioner.
3. The para-wise remarks were submitted by second respondent to the first respondent
Removal of an elected Councillor requires specific allegations and adherence to natural justice principles, as a failure to provide a proper notice vitiates the removal order.
Removal of an elected representative requires proof of willful misconduct and adherence to principles of natural justice, not just allegations of negligence.
The removal of an elected official requires strict adherence to statutory provisions and principles of natural justice, ensuring due process in disqualification cases.
The court reaffirmed that the duties of a Chairperson under the Rajasthan Municipalities Act must be upheld, and failure to oversee actions leading to financial loss constitutes misconduct warranting....
Mere negligence does not constitute willful misconduct under Section 53 of the Odisha Municipal Act for removal as Chairperson. Compliance with natural justice, including providing copies of enquiry ....
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