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HARSH BUNGER
Geeta Rani Aul – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Harsh Bunger, J. (Oral)
Petitioner (Geeta Rani Aul) has filed the present writ petition under Articles 226/227 of the Constitution of India, seeking setting aside of the impugned order/notification dated 14.06.2024 (Annexure P- 11), vide which, she has been removed as a Municipal Councillor, from the Nagar Panchayat/Municipal Council, Ajnala under Section 16(1)(c) of the Punjab Municipal Act, 1911 (for short 'the 1911 Act').
2. Briefly, a show cause notice dated 20.11.2023 (Annexure P-9) was served upon the petitioner calling upon her to show cause against the proposed action regarding cancellation/removal of the petitioner as Municipal Councillor under Section 16(1)(c) of the 1911 Act. Along with the afore-said notice, details of the charges were also supplied to the petitioner, which reads as under :-
A Municipal Councillor can be removed for continuous absence from meetings without reasonable cause, as established by official records.
The court clarified that disqualification from a municipal committee requires a direct contract interest, not just property ownership or rent receipt.
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 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.
The court established that a No-Confidence motion can be validly passed even if the Sarpanch is absent, provided proper notice is given and the right to speak is upheld.
Removal of an elected representative requires proof of willful misconduct and adherence to principles of natural justice, not just allegations of negligence.
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