Kamal Kishore Saini Vs the State of Hp and Others — Himachal Pradesh HC (2025) — LawSathi Research

Kamal Kishore Saini Vs the State of Hp and Others — Himachal Pradesh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Permission to withdraw the writ petition granted; petition dismissed as withdrawn; pending miscellaneous application(s), if any, stand disposed of. No relief on the suspension order or the reinstatement/restraint prayers.

Issue for consideration

Validity of the order dated 20.06.2025 passed by respondent No.2 suspending the petitioner from the office of Member, Zila Parishad, Una under Section 145(1)(a), 145(2-A) of the Himachal Pradesh Panchayati Raj Act, 1994 read with Rule 142(1)(c) of the 1997 Rules. +1 more

Ratio / Principle

Operative decision only: having gone through the provisions of the applicable Act and the Rules, learned counsel for the petitioner sought permission to withdraw the writ petition; the Court accepted the prayer and dismissed the petition as withdrawn. No adjudication on the merits of the suspension or the reinstatement/restraint prayers.

Detailed headnote1 paragraphs

Writ petition by a sitting Member, Zila Parishad, Una (elected January 2021) challenging order dated 20.06.2025 (Annexure P-1) of respondent No.2 suspending him from that office under Section 145(1)(a) and 145(2-A) of the Himachal Pradesh Panchayati Raj Act, 1994 read with Rule 142(1)(c) of the Himachal Pradesh Panchayati Raj General Rules, 1997; further prayer for reinstatement and restraint on further action under Section 145(1)(a) until framing of charges or conviction in FIR No. 16/2025 dated 08.02.2025 (Police Station Nangal, District Rupnagar, Punjab; Sections 115(2), 126(2), 351(2), 117(2) and 74, Bharatiya Nyaya Sanhita, 2023), in which learned counsel admitted on a matter of fact that the petitioner had remained in custody exceeding fourteen days. Having gone through the applicable Act and Rules, counsel sought permission to withdraw; the Court accepted the prayer and dismissed the petition as withdrawn, disposing of pending miscellaneous applications. No ruling on merits. Section 145(3) reporting to the Divisional Commissioner and Section 146 time-bound inquiry were noticed in passing.

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

CWP No.15016 of 2025

Decided on: 17.09.2025

_________________________________________________________________ Kamal Kishore Saini ....Petitioner Versus State of H.P. & Ors. …Respondents ________________________________________________________________ Coram_

Ms. Justice Jyotsna Rewal Dua

1 Whether approved for reporting?

_________________________ For the petitioner:	_________________ Mr. Binat (through VC) Thakur, Advoc	____________ Sharma, and Mr. ate.	___________ Advocate Hemant K
For the respondents:	Mr. L.N.Sharm General.	a, Additio	nal Advocate

Jyotsna Rewal Dua, Judge

Petitioner was elected as Member of Zila

Parishad, Una in January 2021. He has instituted this writ petition against order dated 20.06.2025 (Annexure P-1), passed by respondent No.2, suspending the petitioner from the office of Member Zila Parishad, Una, H.P. in exercise of powers conferred under Section 145(1)(a), 145(2-A) of the Himachal Pradesh Panchayati Raj Act, 1994, (the Act in

1 Whether reporters of Local Papers may be allowed to see the judgment? Yes

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short) read with Rule 142 (1)(c) of the Himachal Pradesh Panchayati Raj General Rules, 1997, (the Rules in short). Further prayer has been made to direct the respondents to reinstate the petitioner as Member, Zila Parishad Una and to restrain the respondents from taking further action under Section 145(1)(a) until charges are framed or conviction is recorded against the petitioner in the criminal case.

2. To a query of the Court, learned counsel for the petitioner admitted on a matter of fact that petitioner had indeed remained in custody exceeding fourteen days in relation to FIR No. 16/2025 dated 08.02.2025, registered against him under Sections 115(2), 126(2), 351(2), 117(2) and 74 of the Bharatiya Nyaya Sanhita, 2023, at Police Station Nangal, District Rupnagar, Punjab.

3. Section 145(1)(a) of the Act authorizes the prescribed authority to suspend from office any office bearer, who remained in custody for more than fourteen days on a criminal charge or otherwise or against whom charges have been framed in any criminal proceedings under the provisions mentioned therein. Further Section 145(3) provides for reporting the order of suspension, in case of

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office bearers of Zila Parishad, to the Divisional

Commissioner concerned within a period of ten days from the date of suspension in order to enable the said Authority to order inquiry under Section 146 of the Act. Such inquiry is also required to be completed within a prescribed time bound schedule.

4. On going through the provisions of the applicable Act and the Rules, learned counsel for the petitioner seeks permission to withdraw the present writ petition. Prayer is accepted. The writ petition is accordingly dismissed as withdrawn.

Pending miscellaneous application(s), if any, also

to stand disposed of.

Jyotsna Rewal Dua Judge

September 17, 2025 R.Atal