6.Learned counsel for the petitioner sought to rely upon the judgment in Ravi Yashwant Bhoir vs. The Collector, District Raigad, (2012) 4 SCC 407, which deals with the provisions of Maharashtra Municipal councils, Nagar Panchayats and Industrial Townships Act, 1965. The factual matrix pertain to the appellant being declared as disqualified for the remaining tenure as President of the Municipal Council, decision taken after notice to the affected person. The plea, inter alia, raised was that at the time of hearing, the complainant wanted to rely upon some new ground, to which the appellant raised objections. The concerned authority had directed a new date to be fixed for hearing, but instead of the same, the impugned order was passed without affording an opportunity of hearing to the appellant. The absence of reason was also a plea taken. The observations of the Supreme Court are that a duly elected person is entitled to hold office for the term for which he has been elected and can be removed only on proved misconduct or any other procedure established under law, like a No Confidence Motion, etc. In that context, it has been observed that an elected official of the local Government is to be put to a higher pedestal as against a Government servant and then, for his removal also, stringent procedure and standard of proof is required. He could be removed strictly in accordance with the provisions provided by the legislature for his removal. The proceedings being quasi-judicial in character, principles of natural justice are required to be followed.
