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1 - 3 of 3 (0.25 seconds)Ram Dial And Ors. vs The State Of Punjab on 3 February, 1965
14. The appellants' contention on this point finds support from the decision of the Supreme Court in Ram Dial v. State of Punjab . In this case the Supreme Court was considering the provision of the Punjab Municipalities Act (3 of 1911). Under Section 14 (e) of that Act the State Government may at any time for any reason which it may deem to affect the public interest, by notification direct that the seat of any specified member shall be vacated on a given date. There is no provision for giving notice to a member against whom action is taken under Section 14 (e) and he is not entitled to any hearing before action is taken against him. Section 16 of that Act is another provision which gives power to the State Government to remove any member of a municipal committee. The proviso to Section 16 (1) requires a hearing before the State Government takes action under Section 16 (1). The Supreme Court held that "the provision contained in Section 14 (e) as compared to the provision in Section 16 (1) is more drastic and arbitrary and denies the member concerned an opportunity of being heard as provided in Section 16 (1) by the proviso thereof" and that consequently "this part of Section 14 (e) is discriminatory and must be struck down as unconstitutional under Article 14 of the Constitution". In the case before us, as already pointed out Section 553 requires reasons to be stated for making an order under that section but there is no such provision in Section 67A. If the words "such powers" occurring in Section 67A (3) implied all powers of the Chairman and the Commissioners, then the section would be ultra vires being repugnant to Article 14 of the Constitution. We are unable to agree with the learned Judge of the trial court that the "occasions" for the "user of power" of Section 67A and Section 553 are entirely different and the two sections were meant to be utilised in two different contingencies.
Article 226 in Constitution of India [Constitution]
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