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2018 Supreme(P&H) 1036

DAYA CHAUDHARY
Kulwant Singh – Appellant
Versus
State of Punjab – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. D. S. Patwalia, Senior Advocate with Ms. Sukhmani T. Patwalia, Advocate.
For the Respondent:Ms. Anu Chatrath, Additional A. G., Punjab and Mr. Aditya Sharda, AAG, Punjab, Mr. Ramandeep Singh Pandher, Advocate.

JUDGMENT :

DAYA CHAUDHARY, J.

1. Petitioner Kulwant Singh has approached this Court by way of filing the present writ petition under Articles 226/227 of the Constitution of India for quashing of impugned show cause notice dated 04.01.2018 (Annexure P-11), whereby he has been asked to submit reply before taking action on the proposal to remove him from the post of Councillor of the Municipal Corporation, SAS Nagar (Mohali) (hereinafter referred to as 'the Corporation') under Section 36 and its sub-clauses of the Punjab Municipal Corporation Act, 1976 (hereinafter referred to as 'the Act, 1976').

2. Briefly, the facts of the case as made out in the present petition are that the election for the post of Councillor in the Corporation was held on 22.02.2015 and the petitioner was elected as Councillor from Ward No.49 of SAS Nagar (Mohali) on 26.02.2015. In the month of August 2015, after obtaining majority, he was elected as Mayor of the Corporation and took oath as such on 27.08.2015. A show cause notice dated 04.01.2018 (Annexure P-11) was issued to him by stating that there was a proposal to remove him from the post of Councillor of the Corporation under Section 36 and its sub-clauses o




























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