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july 2013

Supreme Court of India · 2013-07-01

Kamal Jora vs State Of Uttarakhand & Anr

Citation / case number
AIR 2013 SUPREME COURT 2242
Court
Supreme Court of India
Petitioner
Kamal Jora
Respondent
State Of Uttarakhand & Anr
Author
A. K. Patnaik
Bench
A.K. Patnaik, Gyan Sudha Misra

Judgment text excerpt

The Supreme Court held that the dissolution of the Municipal Council, Haridwar, under Section 3(2) of the Uttar Pradesh Municipal Corporations Act, 1959, violated the principles of natural justice as no opportunity of hearing was afforded to the council prior to the dissolution. The Court upheld the High Court's decision that mandated a hearing before such actions could be taken, emphasizing the necessity of procedural fairness under Article 14 of the Constitution. Consequently, the notification dissolving the Municipal Council was quashed, and the District Magistrate was directed to restore charge to the elected representatives.

Kamal Jora vs State Of Uttarakhand & Anr · Niyam