Back
IN THE HIGH COURT OF PUNJAB AND HARYANA
SURESHWAR THAKUR, SUDEEPTI SHARMA, JJ.
Gurjit Singh Aulakh - Appellant
Versus
State of Punjab & Ors. - Respondents
CWP No. 23684 of 2023
Decided On : 16-09-2024
JUDGMENT :
Mr. Sudeepti Sharma, J.:- The challenge in the present writ petition is to the order dated 10.10.2023 whereby the petitioner, who is elected representative of Municipal Council, Barnala has been removed from the post of President.
2. Brief facts of the case are that the petitioner was elected as Counsellor from Ward No.24 in February, 2021. He was elected as President of Municipal Council, Barnala on 15.04.2021. A letter dated 06.12.2021 from the Executive Officer (E.O.), Nagar Panchayat, Handiyaya was received by him wherein it was stated that the employees and sanitation workers have not been paid their salaries since the last 05 months due to which there is unrest and protests (‘dharna’). Therefore, a loan of Rs.10 lacs was sought. In view of the bonafide need and emergency situation in Nagar Panchayat Handiyaya, the said loan vide letter dated 07.12.2021was extended with a noting that the Resolution in this regard shall be put up before the Council. On 09.12.2021, funds were released vide cheque number 261372. On 13.12.2021, funds were utilized by the Nagar Panchayat Handiyaya to disburse the salaries of their employees. On 06.12.2022, a letter was sent by the petitioner to Nagar Panchayat, Handiyaya to return the said amount with interest. On 29.03.2023, a general house meeting was called and Resolution No. 97 regarding extending the abovesaid loan to Nagar Panchayat, Handiyaya was passed unanimously without any single dissenting vote. Minutes of the meeting of the MC Barnala dated 31.03.2023 whereby Resolution No. 97 was passed and approval was granted unanimously by the House.
3. On 24.03.2023, a show cause notice was issued to the petitioner under Section 22 of the Punjab Municipal Act, 1911. The same is reproduced as under:-
| “Details of Charges against Shri Gurjit Singh Aulakh, President, Municipal Council, Barnala ******** Whereas it has been written by the Additional Deputy Commissioner (General), Barnala vide his letter No. A.D.C. (G)-2023/103 dated 08.02.2023 that due to the Orders issued by the President Municipal Council, Barnala, regarding financial loss is being suffered by the Municipal Council, Barnala, the Report received by the Executive Officer, Municipal Council, Barnala, has been sent for taking further action. 2. WHEREAS as per letter No. 850 dated 06.12.2021, the Executive Officer, Nagar Panchayat, Handiyaya has written that the financial condition of Nagar Panchayat. Handiyaya is very weak and the salary of the sanitation workers of the Nagar Panchayat could not be paid for the last 05 months due to which the workers are raising protest. It has also been written by the Executive Officer, Nagar Panchayat, Handiyaya, that the financial condition of Nagar Panchayat is not so good that all the employees can be given the lump sum salary. The Executive Officer, Nagar Panchayal, Handiyaya, has requested the Executive Officer, Municipal Council, Barnala that the Nagar Panchayat, Handiyaya, should be given an interest free loan of Rs.10.00 lakhs, which will be returned by Nagar Panchayat, Handiyaya, after receipt of funds. 3. Whereas after this, it was ordered by you that this payment should be made immediately to Nagar Panchayat, Handiyaya. In compliance with the your orders, Municipal Council, Barnala made a payment of Rupees 10.00 Lakhs to Nagar Panchayat, Handiyaya, vide Cheque No. 261372, dated 09.12.2021. Regarding this amount, neither any resolution has been passed by Municipal Council, Barnala, nor the Nagar Panchayat, Handiyaya has returned this amount, due to which the Municipal Council, Barnala, has suffered a financial loss. 4. Whereas the issue of payment of Rs. 10.00 lakhs by the Municipal Council, Barnala to the Nagar Panchayat, Handiyaya is related to financial interests of the Municipal Council and the Municipal Council Barnala was not bound to give money t |
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 from elected office must be based on clear, substantiated allegations; arbitrary removal without evidence violates principles of natural justice.
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 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.
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.
The court clarified that disqualification from a municipal committee requires a direct contract interest, not just property ownership or rent receipt.
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 duty of the competent authority to pass reasoned orders with appropriate reasoning, especially in cases with serious allegations and consequences, and the importance of recording reasons for deci....
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
