IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-9028-2025 (O/M)

Date of decision : 31.01.2026 Vijay Kumar Singla ...... Petitioner Versus State of Punjab and others ...... Respondents CORAM : HON'BLE MR. JUSTICE HARSH BUNGER Present :- Mr. Jai Vir Yadav, Senior Advocate with Mr. Surender Garg, Mr. Tarun Yadav, Mr. Ashutosh Sharma Mr. Gursimrat Singh Sandhu, Advocates for the petitioners.

Ms. Anu Chatrath, Senior Additional A.G. Punjab with Mr. Navneet Singh, Additional A.G. Punjab.

Mr. D.V. Sharma, Senior Advocate with Ms. Shivani Sharma, Advocate for applicant-respondent No. 4.

Mr. Rajeev Anand, Senior Advocate with Mr. Vandit Jain, Advocate for respondents No. 5 and 6.

-.- -.-

HARSH BUNGER, J.

1. Prayer in the instant civil writ petition filed under Articles 226/227 of Constitution of India, inter alia, is for issuance of a writ in the nature of certiorari for setting aside order dated 13.03.2025 (Annexure P-4), passed by learned Additional Chief Secretary, Punjab Government, Department of Local Government, whereby petitioner has been removed from the post of President, Municipal Council, Mansa (Punjab).

2. Briefly, petitioner is stated to have been elected as a Member of Municipal Council, Mansa, during the municipal elections, held in the year 2021. Petitioner was further elected as a President of Municipal Council, Mansa in the year 2023.

2.1 It appears that petitioner was arrayed as an accused in a case FIR No. 14, dated 04.06.2024 (Annexure P-5), registered under Sections 7, 7A of Prevention of Corruption Act, 1988 (in short '1988 Act') read with Section 120-B IPC at Police Station Vigilance Bureau, Bathinda.

2.2 That a show cause notice dated 11.02.2025 (Annexure P-2) was issued to petitioner under Section 22 of Punjab Municipal Act, 1911 (in short '1911 Act') on the ground that the petitioner had abused his powers and that there was a habitual failure on his part to perform his duty. Petitioner submitted his reply (Annexure P-3) to aforesaid show cause notice.

2.3 After considering the matter, learned Additional Chief Secretary, Department of Local Government, Punjab, vide impugned order dated 13.03.2025 (Annexure P-4), removed the petitioner from the post of President, Municipal Council, Mansa.

3. In the aforementioned circumstances, petitioner has filed the instant civil writ petition before this Court for seeking relief(s), as noticed hereinabove.

4. Learned senior counsel appearing for petitioner submits that case FIR No. 14 is an outcome of political vendetta as the petitioner is aligned with the Congress, which is not to the liking of present political set up in the State. It is submitted that the petitioner has been falsely implicated in the said case FIR and he has no concern with the allegations made therein. It is further submitted that registration of a criminal case and making it one of the grounds for invoking provisions of Section 22 of 1911 Act to remove petitioner from post of President of Municipal Council is wholly arbitrary and illegal. Learned senior counsel appearing for petitioner would contend that the petitioner has been removed from the post of President, Municipal Council, Mansa on two grounds; firstly, that petitioner has remained absent from duty for the period from 05.06.2024 to 21.11.2024 and again during the second spell from 09.01.2025 to 20.01.2025 and also with effect from 01.02.2025. Secondly that there has been an abuse of powers by the petitioner.

4.1 Learned senior counsel appearing for petitioner submits that as regards first ground of removal, there was no absence on the part of petitioner nor the petitioner neglected performance of his duties as a President, Municipal Council, Mansa. It is submitted that petitioner had attended all the important meetings and that there is no provision either in the Act or in the Rules, which requires a President of a Municipal Council to attend the office daily like other Government employees. Learned senior counsel appearing for petitioner would