Chandigarh, January 12, 2018: Mohali Mayor Kulwant Singh got provisional relief as Punjab and Haryana High Court directed that any order to remove him from mayorship, if passed, would not be effective till the next date of hearing.
Although the court did not stayed the showcase notice but Justice Daya Chaudhary directed the placing of the order, if any, before the Court in a sealed cover. Kulwant Singh has challenged the show cause notice issued to him by the local bodies department headed by cabinet minister Punjab Navjot Sidhu .
The Punjab government had earlier issued a show-cause notice to Kulwant Singh for taking away his councillorship for alleged misuse of power in purchase of a tree pruning machine and causing loss to state exchequer.
Senior advocate DS Patwalia with Sukhmani T. Patwalia, appearing for Kulwant Singh, contended that a resolution in the matter was passed by majority in a general house meeting. It was approved by the Department of Local Government.
Patwalia further added that the bid was confirmed, after following the due procedure. The petitioner was one of the members of the house/committee. Certain terms and conditions were settled in the agreement with the approval of the members as well as the State Government.
Denying violation of procedure or of law, Patwalia added the impugned showcause notice was issued with predetermined mind to remove the petitioner from the councillor’s post.
Appearing for the State, Additional Advocate-General Anu Chatrath also opposed the submissions made by counsel for the petitioner by saying that the present petition was not maintainable, without filing reply to the show cause notice.
The grant of interim order in the petitioner’s favour was also opposed on the ground that order had not been passed against him and the petition was premature.
Issuing notice of motion, Justice Chaudhary asserted the grounds taken in the writ petition would be treated as reply to the show cause notice, in case it was not filed.
Fixing January 22 as the next date of hearing, Justice Chaudhary added: “In case the petitioner files reply today, the respondents are at liberty to consider the same before taking any action on the show cause notice.
“However, the respondents are directed not to give any effect to the order till next date of hearing and the order passed, if any, be brought before this Court in sealed cover”.