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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW
SHEKHAR B.SARAF, MANJIVE SHUKLA
Irfan Ahmad – Appellant
Versus
State of U.P. Thru. Prin. Secy. Urban Development Deptt. – Respondent
JUDGMENT :
SHEKHAR B. SARAF, J.
The present writ petition has been filed under Article 226 of the Constitution of India wherein the petitioner has prayed for the issuance of a writ of certiorari quashing the impugned order dated October 29, 2025 passed by State of U.P. through its Principal Secretary, Urban Development Department, U.P. Civil Secretariat, Lucknow by means of which petitioner has been removed from the post of President, Nagar Palika Parishad, Bhinga, District Shravasti. The petitioner in furtherance prays for the issuance of a writ of mandamus commanding the opposite parties to allow the petitioner to continue discharging his duties.
FACTS
2. The factual matrix of the present writ petition is delineated below:
a. The petitioner was elected as the President of Nagar Palika Parishad, Bhinga, District Shravasti in the Local Bodies Election held in the year 2023 and took oath on May 26, 2023.
b. Three complaints dated August 22, 2024, December 11, 2024 and January 29, 2025 were lodged against the petitioner alleging charges of corruption and financial misuse of power.
c. State Government (hereinafter referred to as ‘respondent no. 1’) vide order dated November 5, 2024 directed
A full-fledged inquiry is mandatory when an elected representative denies allegations against their conduct, ensuring adherence to principles of natural justice as outlined in statutory provisions.
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....
Removal of an elected representative requires proof of willful misconduct and adherence to principles of natural justice, not just allegations of negligence.
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....
Removal of elected officials must adhere to principles of natural justice, ensuring fair opportunity to defend against charges.
The availability of alternative remedy does not bar the exercise of writ jurisdiction when there is a violation of natural justice or when the decision-making process is without jurisdiction.
The removal of a Gram Pradhan must comply with statutory inquiry procedures, and failure to do so renders the removal order illegal.
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