Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1911 : ~ Section /6{/}(e)- Punjab Municipal Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Punjab Municipal Act, 1911 : Section 16(1)(e)-Removal of member on ground of 'Misconduct'-Interpretation of-Elected Councillor criticised house tax assessment list prepared by the Municipal Council-State Government alleged that his acts caused loss of revenue and removed him from office-Held, since freedom of speech and expression includes fair criticism of law or any executive action, charges of misconduct levelled against him does not fall within the ambit of Section 16(1)(e)-Constitution of India, 1950, Article 19(1)(a). Words and Phrases : 'Misconduct' -Meaning of in the context of the Punjab Municipal Act, 1911.Respondent-Municipal Council prepared and finalised the house tax assessment list for all buildings within its limit. Appellant-elected Municipal Councillor criticised the house tax assessment list and asked the tax payer to come to him for sorting out the grievances. He filed a petition before the High Court and protested the house tax assessment list through pamphlets and loudspeakers. State Government alleged that due to the acts attributed to the appellant there was difficulty in realisation of house tax which caused loss in the revenue to the Council and removed appellant from the office of the Council under Section 16(1)(e) of the Punjab Municipal Act, 1911. Aggrieved, appellant filed a writ petition which was dismissed. Hence the present appeal. The questions involved in this appeal are whether the charges levelled against the appellant fall within the ambit of Section 16(1)(e) of the Act; acts attributed to him have any nexus with the financial loss alleged to be suffered by the Council; and also whether the findings recorded by the State Government while removing the appellant from the office of the Council are outside the scope of the charges levelled against the appellant. |
Judge | Honble Mr. Justice V.N. Khare |
Neutral Citation | 2002 INSC 81 |
Petitioner | Baldev Singh Gandhi |
Respondent | State Of Punjab And Ors. |
SCR | [2002] 1 S.C.R. 1021 |
Judgement Date | 2002-02-14 |
Case Number | 1188 |
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