High court quashes Punjab govt's order
Chandigarh, Nov. 8 -- The Punjab and Haryana HC quashed the Punjab government's order removing the Samana nagar council president. A division bench of justice Harsimran Singh Sethi and justice Vikas Suri observed that order issued by department of local government was "totally cryptic and non-speaking". The court noted that order failed to provide reasoning for the president's removal.
The matter has now been remanded to state government for passing a fresh order after examining "whether the resolution passed in the meeting - on the basis of which the petitioner is sought to be removed - was a valid meeting held as per the provisions of the Punjab Municipal Act, 1911, or not, and then only to decide whether the resolution of no-confidence motion passed in such meeting was in accordance with law". The petition was filed by Ashwani Gupta, challenging the October 21 order of state government that removed him from post. The court observed that since petitioner had raised concerns about the validity of the meeting held on February 15, the state was required to consider those objections and provide reasoning if they were to be overruled. However, the order passed by additional chief secretary showed that objection was neither considered nor addressed, and no reasons were given for dismissing it, it added.htc...
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