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SURESHWAR THAKUR, SUDEEPTI SHARMA
Gurjit Singh Aulakh – Appellant
Versus
State of Punjab – Respondent
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 petition
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 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....
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