Authority to suspend Zila Parishad members arises from provisions of the Himachal Pradesh Panchayati Raj Act for certain criminal-related circumstances.

Coram Ms. Justice Jyotsna Rewa l Dua 1 Whether approved forr reporting?

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For the petitioner: Mr. Binat Sharma, Advocate (through VC) and Mr. Hemant K Thakur, Advocate.

For the respondents: Mr. L.N.Sharma, Additional Advocate General.

Jyotsna Rewal Dua, Judge Petitioner was elected as Member of Zila H Parishad, Una in January 2021. He has instituted this writ petition against order dated 20.06.2025 (Annexure P-1), passed by respondent No.2, suspending the petitioner from the office of Member Zila Parishad, Una, H.P. in exercise of powers conferred under Section 145 (1)(a), 145(2-A) of the Himachal Pradesh Panchayati Raj Act, 1994 , (the Act in

1 Whether reporters of Local Papers may be allowed to see the judgment? Yes short) read with Rule 142 (1)(c) of the Himachal Pradesh Panchayati Raj General Rules, 1997, (the Rules in short). Further prayer has been made to direct the respondents to reinstate the petitioner as Member, Zila HParishad Una and to restrain the respondents from taking further action under Section 145 (1)(a) until charges are framed or conviction is recorded against the petitioner in the criminal case.

2. To a query of the Court, learned counsel for the petitioner admitted on a matter of fact that petitioner had indeed remained in custody exceeding fourteen days in relation to FIR No. 16/2025 dated 08.02.2025, registered against him under Sections 115(2), 126(2), 351(2), 117(2) and h74 of the Bharatiya Nyaya Sanhita, 2023, at Police Station gNangal, District Rupnagar, Punjab.

3. Section 145 (1)(a) of the Act authorizes the prescribed authority to suspend from office any office bearer, who remained in custody for more than fourteen days on a criminal charge or otherwise or against whom charges have been framed in any criminal proceedings under the provisions mentioned therein. Further Section 145 (3) provides for reporting the order of suspension, in case of office bearers of Zila Parishad, to the Divisional Commissioner concerned within a period of ten days from the date of suspension in order to enable the said Authority to order inquiry under Section 146 of the HAct. Such inquiry is also required to be completed within a prescribed time bound schedule.

4. On going through the provisions of the applicable Act and the Rules, learned counsel for the petitioner seeks permission to withdraw the present writ petition. Prayer is accepted. The writ petition is accordingly dismissed as withdrawn.

Pending miscellaneous application(s), if any, also hto stand disposed of.