Vinod Kumar v. State of Punjab & Ors.
Case brief
What is this about?
This judgment addressed the status of a Nagar Panchayat Senior Vice President deemed suspended but not formally removed due to lack of Gazette notification. The court held the petitioner retained his post despite prior re-election during the suspension period. It directed respondents to hold a fresh election within one month if removal had eventually been notified.
What did the court decide?
Directing respondents to conduct a fresh election for the vacant post of Vice President within one month if removal had been notified in the Gazette.
What the court decided
HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CWP No.13923 of 2015 (O&M) Date of Decision: 20.08.2015
Vinod Kumar
VS.
State of Punjab & Ors. . . . . Respondents
CORAM: HON’BLE MR.JUSTICE SURYA KANT HON’BLE MR.JUSTICE JASPAL SINGH
1. Whether Reporters of local papers may be allowed to see the judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?
Issues for consideration
3 issues framed by the court
Whether a council member deemed under suspension due to a no-confidence motion validly holds office if removal has not been notified in the Gazette.
Whether an election held while the member remains in office under suspension was legally valid.
Whether the removal of a municipal executive officer required formal notification to be effective before vacancies could be filled.
Parties & counsel
- petitioner
Vinod Kumar
- respondent
State of Punjab
Coram
SURYA KANT
Case details
As recorded by the court registry
- Court
- Punjab & Haryana HC
- Decided on
- · August
- Registered
- Case no.
- CWP/13923/2015
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