LAWS(HPH)-2003-9-13

RENU CHADHA Vs. STATE OF H.P.

Decided On September 10, 2003
RENU CHADHA Appellant
V/S
State Of H P And Ors Respondents

JUDGEMENT

(1.) Reply-affidavit has been filed.

(2.) Section 271 of the H.P. Municipal Act, 1994 reads as under:

(3.) A bare look at Sub-section (1) of Section 271 clearly suggests that a Municipal Council can be dissolved only if it persistently has been making defaults in the performance of the duties imposed upon it by or under this Act or under any other law for the time being in force, it exceeds or abuses its power, or fails to carry out any order of the State Government or the competent authority. A bare look at the impugned order suggests that none of the aforesaid three conditions precedent for the dissolution of the Municipal Council, Dalhousie, have been mentioned or recorded in the impugned order as a ground for its dissolution.