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SUDHIR SINGH, KARAMJIT SINGH
Jatinder Pal – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Sudhir Singh, J.
By way of the present writ petition, the petitioner has sought issuance of a writ in the nature of Certiorari quashing the impugned order dated 15.12.2023 (Annexure P-17) passed by respondent No.1, vide which, the petitioner has been removed from the post of President, Municipal Council, Jagraon, District Ludhiana, for the alleged violation of Section 22 of the Punjab Municipal Act, 1911 (for short ‘the Act’).
2. Brief facts of the case are that the elections of the Municipal Council, Jagraon, were held on 14.02.2021, in which 23 Councillors were elected. The petitioner was elected as President of the said Municipal Council in the meeting held on 29.04.2021. The petitioner avers that he has been performing his functions to the best of his abilities for the welfare of the inhabitants of the Municipal Council with the co-operation of the majority of the Councillors. On 31.05.2022, resolution No. 65 was passed unanimously by the House regarding 73 Development Works in the area of the Municipal Council, Jagraon. The same was approved by respondent No.2-Director, Department of Local Government, Punjab, vide letter dated 10.08.2023. However, subsequently, respond
Abuse of power requires a willful or intentional wrongdoing; mere misuse does not justify removal from office under Section 22 of the Punjab Municipal Act.
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.
The court ruled that the removal of the President of Municipal Council was unjustified as the loan extended was a humanitarian act and did not constitute misuse of power.
Removal of elected officials under quasi-judicial provisions necessitates adherence to principles of natural justice, including fair hearing and inquiry.
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 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....
The court emphasized the need for fair and just exercise of power by the State Government, the importance of considering the President's explanation, and the requirement to follow principles of natur....
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....
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