Punjab and Haryana High Court Sets Aside Cryptic Order Removing Nagar Council President

The High Court remands the case to the State for fresh consideration on the validity of the meeting and resolution under the Punjab Municipal Act, 1911.

In a significant judgment, the Punjab and Haryana High Court has set aside the removal of Ashwani Gupta from his position as President of the Nagar Council, Samana, under the Punjab Municipal Act, 1911. The Division Bench comprising Justices Harsimran Singh Sethi and Vikas Suri found the order passed by the Additional Chief Secretary, Government of Punjab, to be cryptic and non-speaking, thereby remanding the case back to the State for a fresh review.

The case arose from a dispute over the validity of a meeting held on February 15, 2025, during which a no-confidence motion was passed against Mr. Gupta. The petitioner challenged the removal order dated October 17/21, 2025, arguing that the meeting was convened in contravention of Sections 25 and 26 of the Punjab Municipal Act, 1911. Counsel for the petitioner highlighted that the meeting was held prematurely, without allowing the President the stipulated 14 days to convene a meeting to discuss the requisition as per Section 25 of the Act.

The High Court, upon reviewing the facts, held that the Additional Chief Secretary failed to address the objection concerning the meeting's validity and did not provide reasoning for overruling it. The judgment stated that the State must consider such objections and provide a reasoned decision.

The court's decision underscores the importance of procedural compliance and reasoned orders in administrative actions. The case has been remanded to the State to reassess the validity of the meeting and the resolution passed therein, ensuring adherence to the statutory provisions of the Punjab Municipal Act, 1911.

The judgment reiterates the necessity for government officials to provide detailed and reasoned explanations when overruling objections, thereby promoting transparency and accountability in governance.

Bottom Line:

Punjab Municipal Act, 1911 - Order of removal of President, Nagar Council - Validity of meeting where no confidence motion was passed questioned - Cryptic and non-speaking order by Additional Chief Secretary set aside - Matter remanded back to State to reconsider and decide validity of meeting and resolution in accordance with law.

Statutory provision(s): Punjab Municipal Act, 1911 Sections 22, 25, and 26

Ashwani Gupta v. State of Punjab, (Punjab and Haryana)(DB) : Law Finder Doc Id # 2805300