K.S. Grewal, J. - (1.) Sat Pal Puri was elected as Municipal Councillor, Municipal Corporation, Ludhiana (Ward 66) in June 1997. On August 21, 2001 an order was passed by the Principal Secretary, Department of Local Government, holding that Sat Pal Puri had incurred a disqualification and he was ordered to be removed as a Councillor of the Corporation, under the provisions of Sec. 36(1)(b) of Punjab Municipal Corporation Act, 1976. This provision enables the Government to remove a Councillor if "he has flagrantly abused his position as a councillor or has through his negligence or misconduct been responsible for the loss of misapplication of any money or property of the Corporation."
(2.) Sat Pal Puri filed C.W.P. No. 1572 of 2001 challenging his removal. The petition was dismissed by a Division Bench on May 29, 2002. The petitioner went up in appeal to the Supreme Court. The Special Leave Petition was also dismissed on January 8, 2003 with a clarification that the civil suit shall be decided on its own pleadings and material available on record, uninfluenced by the findings arrived at by the High Court and the impugned order which shall be treated as limited for the purpose of the Punjab Municipal Corporation Act, 1976.
(3.) However, Sat Pal Puri was re -elected as Councillor in May 2002 and was again removed by the Principal Secretary on October 29, 2004. He filed C.W.P. No. 20278 of 2004 to challenge his removal on the ground that the Principal Secretary had not granted him an opportunity of hearing. He had been heard by the predecessor, when the new Principal Secretary took over, he passed the impugned order without hearing the petitioner. The petition was allowed, the order was quashed and matter was remanded back for passing an appropriate order, after granting a reasonable opportunity to the petitioner of being heard. The case was reheard and the impugned order dated June 29/July 8, 2005 (Annexure P39) was passed.;