RAMESH CHANDRA Vs. STATE OF HIMACHAL PRADESH
LAWS(HPH)-1954-12-6
HIGH COURT OF HIMACHAL PRADESH
Decided on December 22,1954

RAMESH CHANDRA Appellant
VERSUS
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

RAMABHADRAN,J.C. - (1.) THIS is a petition under Article 226 of the Constitution, made by three former members of the Bilaspur Small Town Committee, wherein I am requested to issue a writ against the Respondent State of Himachal Pradesh, directing it to restore the petitioners and other members of the Committee to their former positions and restraining the respondent/ from interfering in the internal affairs of the Committee.
(2.) LEARNED Counsel for the petitioners pointed out that oh 1 9 1954, an order was passed by the Lieutenant Governor, Himachal Pradesh, purporting to be under Section 49, Punjab Small Towns Act, as applied to Himachal Pradesh, wherein it was stated that the Small Town Committee of Bilaspur was suspended, since it had persistently made default in the performance of its duties and abused its powers. Learned Counsel urged that the order was illegal and ultra vires since the petitioners and other members were not given an opportunity of showing cause against the suspension order. It was urged that had such an opportunity been given, the Committee could have proved, to the satisfaction of the Government, that they had neither abused their powers, nor committed default in the performance of their duties. In this connection, learned counsel invited my attention to a copy of the representation sent by the members of the Committee to the Lieutenant Governor, requesting him to withdraw the suspension order. An acknowledgment was received from the Secretary to the Lieutenant Governor, who stated that the representation had been forwarded to the Chief Minister for disposal. So far, no reply has been received.
(3.) IN my opinion, for reasons given below, the writ petition cannot be admitted.;


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