Punjab & Haryana High Court Sets Aside 'Cryptic & Non-Speaking' Order Removing Punjab's Municipal Council President

The Punjab and Haryana High Court has set aside the Punjab Government's order removing the President of Nagar Council, Samana, under Section 22 of the Punjab Municipal Act, 1911, holding that the order was “totally cryptic and non-speaking.” The Court has remanded the matter back to the State to freshly determine whether the meeting in which the no-confidence motion was passed against the petitioner was validly convened under the provisions of the 1911 Act.Justice Harsimran Singh Sethi and Justice Vikas Suri said, "the order dated 17/21.10.2025 (Annexure P-25) passed by the Additional Chief Secretary, Government of Punjab, Department of Local Government is totally cryptic and non-speaking, the same is set aside and the case is remanded back to the State to pass a fresh order regarding the factum that whether a 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 1911 Act, or not, and then only to decide whether the resolution of no confidence motion passed in such meeting was in accordance with law."The impugned order, was passed by the Additional Chief Secretary, Department of Local Government, Punjab, removing the petitioner from the post of President. The petitioner had challenged the order, contending that the Government failed to consider his objection that the meeting dated 15 February 2025, in which the no-confidence motion was passed, was held in contravention of Sections 25 and 26 of the Punjab Municipal Act, 1911.It was argued that under Section 25, when a requisition for a no-confidence motion is received, the President must convene a meeting within 14 days, and only if he fails to do so can two councillors convene it. In the present case, the councillors allegedly held the meeting before expiry of the 14-day period, rendering it invalid.The State, however, defended the order, asserting that the President's reply to the show cause notice had been duly considered before his removal.After hearing the parties, the Court observed that the State Government's order did not even advert to the petitioner's objections regarding the legality of the meeting and failed to provide any reasoning for overruling them.“Keeping in view the totality, as the order dated 17/21.10.2025 passed by the Additional Chief Secretary, Government of Punjab, Department of Local Government is totally cryptic and non-speaking, the same is set aside,” the Court held.The matter has been remitted to the State Government to pass a fresh, reasoned order, first determining whether the meeting held on 15.02.2025 was validly convened as per law, and only thereafter deciding the legality of the resolution of no-confidence motion.Mr. Nikhil Ghai, Advocate for for the petitioner.Mr. Rahul Rampal, Additional Advocate General, Punjab for respondents No.1 and 3.Mr. Balram Singh, Advocate for respondent No.2 – M.C.Case Title: Ashwani Gupta v. State of Punjab & OrsCitation: 2025 LiveLaw (PH) 428Click here to read order

Punjab & Haryana High Court Sets Aside 'Cryptic & Non-Speaking' Order Removing Punjab's Municipal Council President

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