MADHU CHAUHAN Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) In a democracy governed by rule of law, an incumbent who is elected to hold an office for a term for which he has been elected unless his election is set aside by a prescribed procedure known to law, such removal, if not done through a process of law, becomes a serious matter. It curtails the statutory term of the holder of the office and a stigma is cast on the holder of the office in view of the allegations levelled against him and if proved, renders him unworthy of holding the office which he held. This is precisely the Supreme Court has held in the case of Trilochan Dev Sharma v. State of Punjab and Ors., 2001 6 SCC 260, holding that a singular or casual aberration or failure in the exercise of power was not enough; a course of conduct or plurality of aberration or failure in the exercise of power and that too involving dishonesty of intention was an "abuse of powers". The Supreme Court further held that the legislature could not have intended the occupant of an elective office, seated by popular verdict, to be shown the exit for a single innocuous action or error of decision. The exercise of power given to the State Government under Section 29 of the U.P. Kshetra Panchayats and Zila Panchayats Adhiniyam, 1961, has serious civil consequences on the status of an office bearer. After the commencement of the provisions of Part IX and Part IX-A in the Constitution of India, a constitutional status has been conferred upon the Adhyaksha of a Zila Panchayat and an Adhyaksha cannot be removed in an unceremonious manner. Serious insinuations have been levelled on the State. This is what has led the Petitioner to approach this Court invoking the writ jurisdiction under Article 226 of the Constitution of India.

(2.) The facts leading to the filing of the writ petition is, that the Petitioner is the wife of an Ex- M.L.A. who was in the ruling party of the State Government when he was elected in the year 2007. On account of certain reasons, he resigned as M.L.A. and also from the primary membership of the ruling party and thereafter contested the by-election as an independent candidate from Vikas Nagar Constituency in which he lost the election in the year 2009.

(3.) In the meanwhile, the Petitioner stood for election as Adhyaksha of the Zila Panchayat as an independent candidate and was elected in October, 2008 after defeating her nearest rival and a candidate of the ruling party, namely, Smt. Neeru Devi.