HC relief for Mohali Mayor

Tribune News Service

Chandigarh, January 12

Just about a week after a show-cause notice was issued to Mohali Mayor Kulwant Singh for removing him from councillorship, the Punjab and Haryana High Court today made it clear that any order, if passed, would not come into effect till the next date of hearing. Justice Daya Chaudhary also directed the placing of the order before the court in a sealed cover.

As his petition came up for hearing, senior advocate DS Patwalia with Sukhmani T Patwalia contended that a resolution in the matter was passed by a majority in a general house meeting. It was approved by the Department of Local Government.

The bid was confirmed, after following the due procedure. Patwalia added the petitioner was one of the members of the house/committee.

Denying violation of procedure or of law, Patwalia added the impugned show-cause notice was issued with predetermined mind to remove the petitioner from the councillor’s post. He also refused the allegations of concealment of facts.

Appearing on Mohali MC’s behalf, senior advocate Akshay Bhan submitted that the petitioner made wrong averments in the petition as well as in the arguments that action had not been taken against other committee members.

He added the officers concerned had already been recommended for suspension and chargesheeted on the allegations. Some of the documents have not been placed on record, which amounted to concealment of facts. Appearing for the state, Additional Advocate General Anu Chatrath also opposed the submissions made by counsel for the petitioner.

Issuing notice of motion, Justice Chaudhary asserted the grounds taken in the writ petition would be treated as reply to the show-cause notice, in case it was not filed. Fixing January 22 as the next date of hearing, Justice Chaudhary added: “In case the petitioner files a reply today, the respondents are at liberty to consider the same before taking any action on the show-cause notice.

“However, the respondents are directed not to give any effect to the order till next date of hearing and the order passed, if any, be brought before this court in sealed cover”.

Show-cause notice

The Punjab Government had issued a show-cause notice to Kulwant Singh for taking away his councillorship for alleged misuse of power in the purchase of a tree-pruning machine and causing loss to state exchequer.