SHARDA KAILASH MITIAL versus STATE OF M.P. & ORS.

Citation: [2010] 1 S.C.R. 451 · Decided: 12-01-2010 · Supreme Court of India · Bench: K.G. BALAKRISHNAN · Disposal: Appeal(s) allowed

Judgment (excerpt)

[201 OJ 1 S.C.R. 451 
SHARDA KAILASH MITIAL 
v. 
STATE OF M.P. & ORS. 
(Civil Appeal No. 222 of 2010) 
JANUARY 12, 2010 
[K.G. BALAKRISHNAN, CJI. AND P. SATHASIVAM, J.] 
A 
8 
Madhya Pradesh Municipalities Act, 1961 - s. 41-A -
Power of State Government to remove the President, Vice-
President or a Chairman of any Committee - Application of C 
s. 41-A - Scope of - Held: Such person can be removed, if 
his continuance in the office is not found desirable in public 
interest or in the interest of Council or if he is incapable of 
performing his duties; or is working against the provisions of 
the Act/Rules - Resort to s. 41:A can be had only after such o 
person is duly elected - Removal of such officer must be 
resorted to only in grave and exceptional circumstances and 
not for minor irregularities in discharge of duties - On facts, 
order of removal of the President of Nagar Palika by State 
Government as upheld by High Court not justified and is set E 
aside - Actions of the President, even if proved, only amount 
to irregularities, and not grave forms of illegalities, which may 
allow State Government to invoke its extreme power uls. 41-
A - Municipalities. 
Appellant was elected as the President of the Nagar 
F 
Palika. She was issued show cause notice and certain 
charges were leveled against her. It was alleged that the 
appellant had caused monetary loss to the Panchayat by 
publishing advertisements; that she had struck off her 
signature from the minutes; and that she had shown G 
undue haste in appointing HS as the Chief Municipal 
Officer. Appellant denied the charges. The Chief Secretary 
also found that she had violated the provisions of s. 51 
of the Madhya Pradesh Municipalities Act, 1961. 
451 
H 
" ' 
452 
SUPREME COURT REPORTS 
[2010] 1 S.C.R. 
A Thereafter, the State Government invoked Section 41-A 
of the Act and removed the appellant from the post of the 
President of the Nagar Palika. High Court upheld the 
removal of the appellant. Hence, the present appeal. 
B 
Allowing the appeal, the Court 
HELD: 1. The actions of the President-appellant, even 
if proved, only amount to irregularities, and not grave 
forms of illegalities, which may allow the State 
Government to invoke its extreme power u/s. 41-A of the 
C Madhya Pradesh Municipalities Act, 1961. Thus, the order 
of the State Government removing the appellant as 
President of the Nagar Palika, u/s. 41-A of the Act and 
consequential orders passed by the Single Judge and 
Division Bench of High Court is set aside. In view of the 
D fact that her tenure has come to an end and fresh election 
was also conducted, the sub~equent events are not 
disturbed. However, it is made clear that in view of the 
present order, the disqualification of the appellant is 
expunged and the appellant would be free to contest the 
E elections in future. [Paras 19 and 21) [464-G-H; 466-B-D] 
2.1. Section 41-A of the Act vests the State 
Government with power to remove the President, Vice-
Pres ident or a Chairman of any Committee, if his 
continuance in the office is not found desirable in public 
F interest or in the interest of the Council or if it is found 
that he is incapable of performing his duties; or is 
working against the provisions of the Act or rules made 
thereunder. A conjoint reading of ss. 20, 22 and 41-A as 
also the Article 243-ZG of the Constitution of India would 
G make it amply clear that resort to s. 41-A can be had to 
remove a person from the office only after he/she is duly 
elected and his/her conduct in office is otherwise found 
prejudicial to public interest or in the interest of the 
Council. In addition, u/s. 41-A (2), the State Government 
H 
SHARDA KAILASH MITTAL v. STATE OF M.P. & 
453 
ORS. 
at the time of removal from office may also pass an order 
A 
disqualifying the person from holding the office of 
President, Vice-President or Chairman for the next term. 
[Paras 9 and 16] [459-D-E; 463-C] 
2.2. The President under the Act is a democratically 8 
elected officer, and the removal of such an officer is an 
extreme step which must be resorted to only in grave and 
exceptional circumstances. For taking action u/s. 41-A for 
removal of President, Vice-President or Chairman of any 
Committee, power is conferred on the State Government C 
with no provision of any appeal. The action of removal 
casts a serious stigma on the personal and public life of 
the concerned office bearer and may result in his/her 
disqualificatio.n to hold

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