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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
RAJESH BHARDWAJ
Vikas Deep – Appellant
Versus
State Of Punjab – Respondent
| Table of Content |
|---|
| 1. detrimental removal of elected officials (Para 1 , 2) |
| 2. political rivalry and charges against the petitioner (Para 3 , 4 , 5 , 6) |
| 3. procedural arguments on the decision to remove the president (Para 7 , 9) |
| 4. court's scrutiny of removal process and prior directions (Para 10 , 11 , 12) |
| 5. clarification of abuse of power definition (Para 13 , 14) |
| 6. burden of proof in removal proceedings (Para 20 , 21 , 22) |
| 7. final decision and order to reinstate (Para 26 , 27) |
JUDGMENT :
Rajesh Bhardwaj, J. -
Prayer in the present petition is for quashing the order dated 30.05.2023 (Annexure P-20) whereby, the petitioner who is the elected President of Municipal Council, Jalalabad has been illegally and arbitrarily removed from the post of President and in complete violation of the provisions of the Punjab Municipal Act, 1911 (for short, 'the Act') as well as the settled law.2. Adumbrated facts of the case are that the petitioner was firstly elected as Municipal Councilor from Ward No.2 of the Municipal Council, Jalalabad in the month of February, 2021 and thereafter, on 26.04.2021 he was elected as President of Municipal Council, Jalalabad unanimously. A complaint dated 02.06.2022 was
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