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february 1965

Supreme Court of India · 1965-02-03

RAM DIAL AND OTHERS vs THE STATE OF PUNJABWith connected Writ Petition

Citation / case number
SC 1964/90436
Court
Supreme Court of India
Petitioner
RAM DIAL AND OTHERS
Respondent
THE STATE OF PUNJABWith connected Writ Petition
Author
WANCHOO, K.N.,HIDAYATULLAH, M.,SHAHC.,MUDHOLKARR.,SIKRI, S.M.
Bench
WANCHOO, K.N.,HIDAYATULLAH, M.,SHAH, J.C.,MUDHOLKAR, J.R.,SIKRI, S.M.

Judgment text excerpt

The Supreme Court held that Section 14(e) of the Punjab Municipalities Act (III of 1911), which allows the State Government to remove a member without a hearing, is unconstitutional as it violates Article 14 of the Constitution. The Court found that this provision is discriminatory and allows circumvention of the procedural safeguards established in Section 16(1), which requires a hearing before removal. The judgment distinguished the case from Shri Radeshayam Khare v. The State of Madhya Pradesh, affirming the invalidity of the Notifications issued under Section 14(e).

RAM DIAL AND OTHERS vs THE STATE OF PUNJABWith connected Writ Petition · Niyam