Law:

Section: Art. 25 (2) (4)

(a) Basic Democracies Order (18 of 1959), Art. 25 (2) (4) Removal ofrnember of local Council-Procedure-Definite finding of misconduct by Collector before reference to District Council not necessary.   The procedure prescribed by clauses (2) and (4) of Article 25, Basic Democracies Order, 1959 for the removal of a member of a local Council is that if the Collector of the district was of the opinion that such member was liable to be removed he could move the District Council to consider the question and if they passed a resolution that that action was called for, the member stood removed.   It is inconceivable that the intention of the law-maker was that even after4 it had been decided by an authority which had held a regular inquiry for that purpose that an elected member of a local Council had been guilty of misconduct, it should remain open to the body competent to pass a resolution under clause (4) of Article 25 of the Basic Democracies Order, 1959, to disregard that finding and to pass a resolution that the member should not be removed. This would be giving that body so much power in this regard, that one would not be prepared to infer that this power had been given unless the words used were not open to the interpretation that it was not. The language used in the five clauses of Article 25 of the Basic Democracies Order, 1959 is not at all open to the construction that before the matter could go to the body competent to pass a resolution under clause (4) of Article 25, a definite finding after a detailed inquiry should have been given that the member whose case for removal was to be considered had been guilty of all or any of the things mentioned in clause (2) of Article 25.   Basic Democracies Order (18 of 1959), Art. 25 (4) read with Municipal Administration Ordinance (X of 1960), S. 16 (3) Member declared disqualified from local Council becomes disqualified from Municipal Committee.   If the body contemplated by clause (4) of Article 25 of the Basic Democracies Order, 1959, had declared a person to be unfit for holding the office of a member of a local Council mentioned v in that Order he would also lose his seat in the Municipal 1…