Court emphasizes adherence to principles of natural justice and mandates a comprehensive inquiry under the Uttar Pradesh Municipality Act, 1916.
In a significant ruling, the Allahabad High Court's Lucknow Bench quashed the removal order of Irfan Ahmad, the elected President of Nagar Palika Parishad, Bhinga, Shravasti. The court found that the removal process lacked the requisite full-fledged inquiry as mandated by Section 48(2-A) of the Uttar Pradesh Municipality Act, 1916. The bench, comprising Justices Shekhar B. Saraf and Manjive Shukla, underscored the necessity of adhering to the principles of natural justice.
The judgment came after Irfan Ahmad filed a writ petition challenging his removal by the State Government, arguing that the inquiry process violated his rights by not providing a fair hearing or allowing for cross-examination of witnesses. The court agreed, stating that the inquiry was conducted solely on preliminary reports and did not meet the legal standards required for such a serious action as the removal of an elected official.
The court highlighted that an elected representative holds a higher constitutional status than a government servant, necessitating rigorous procedural safeguards. The inquiry should have included the appointment of an Inquiry Officer, framing of charges, and opportunities for the petitioner to defend himself, including cross-examining witnesses.
In its ruling, the court directed the competent authority to conduct a comprehensive inquiry, ensuring all evidence is recorded and the petitioner is given a fair opportunity to present his defense. The court's decision reinforces the need for transparency and fairness in the removal of elected officials, aligning with democratic principles.
Bottom Line:
Removal of an elected representative from the post of President of a Municipality requires adherence to a full-fledged inquiry ensuring principles of natural justice and compliance with Section 48(2-A) of the Uttar Pradesh Municipality Act, 1916.
Statutory provision(s): Section 48(2-A) of the Uttar Pradesh Municipality Act, 1916
Irfan Ahmad v. State of U.P., (Allahabad)(Lucknow)(DB) : Law Finder Doc Id # 2835083
