NINUA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS writ petition is bound to succeed on a very short but surest point that the petitioner who has been unseated from the post of Chairman of the Bharatpur Kisan Krya Vikraya Sahkari Samiti, Bharatpur, was never allowed an opportunity to show cause nor heard, nor served with a notice showing the alleged disqualifications.

(2.) OBVIOUSLY an elected citizen, holding an elected office can never be unseated without observing principles of natural justice. Further an opportunity of hearing against the alleged disqualifications is the basic principle of natural justice, so innovated by the Supreme Court in Smt. Meneka Gandhi's case (1) makes it incumbent upon any such authority, who wants to pass adverse order to first allow an opportunity of hearing to the concerned party.

(3.) THE fact that this has happened for an elective office is still more shocking. It should be known that a person who holds an elected office, represents certain constituency and it is after the election process that he is given such responsibility. Depriving him from that is a case of double jeopardy.