Back
IN THE HIGH COURT OF ORISSA AT CUTTACK
R.K.PATTANAIK
Shanti Manjari Dei – Appellant
Versus
State of Odisha – Respondent
JUDGMENT :
R.K. PATTANAIK, J.
1. Instant writ petition is filed by the petitioner challenging the impugned order of removal directed vide notification dated 28th January, 2025 as at Annexure-1 by opposite party No.2 against her from the post of Chairperson, Deogarh Municipality and consequential order i.e. Annexure-2 of opposite party No.2 appointing opposite party No.5 in that post and furthermore, to issue directions to the opposite parties to allow her continuation in such capacity for the remainder of the tenure on the grounds inter alia that such decision is grossly illegal and bad in law and hence, the same is liable to be interfered with and quashed in the interest of justice.
2. The petitioner was elected Chairperson of the Municipality and she was removed by the Government vide Annexure-1. According to the petitioner, the impugned decision of opposite party No.2 is beyond jurisdiction and uncanny haste was demonstrated by opposite party No.3 in appointing opposite party No.5 in that post under Annexure-2. The contention is that the removal of the petitioner from the post of Chairperson of the Municipality is outrightly an act of arbitrariness, not in accordance with law and h
Removal of an elected representative requires proof of willful misconduct and adherence to principles of natural justice, not just allegations of negligence.
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 ....
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....
A full-fledged inquiry is mandatory when an elected representative denies allegations against their conduct, ensuring adherence to principles of natural justice as outlined in statutory provisions.
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....
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....
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 from elected office must be based on clear, substantiated allegations; arbitrary removal without evidence violates principles of natural justice.
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.
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
