Kishan Patel & others Vs. State of Madhya Pradesh and others

Madhya Pradesh High Court (Division Bench (DB)- Two Judge)

WRIT PETITION, 9678,12120 of 2020, Judgment Date: Feb 09, 2021

Law Laid Down:- 

A duly elected person is entitled to hold the office for the term for which he has been elected and he can be removed only on proven misconduct or any other procedure prescribed under the law. Even in administrative matters, the reasons should be recorded as it is incumbent upon the authorities to pass speaking and reasoned order. - Relied - Ravi Yashwant Bhori vs. The Collector, District Raigad & others, (2012) 4 SCC 407.

Reasons are sacrosanct not only for a judicial order but now as per settled proposition of law, even for an administrative order. Reasons are the links between the material, the foundation of their erection and the actual conclusion. Proper reasons, even in administrative order, are the necessary concomitant for a valid order passed by the administrative authority. Reason is the heartbeat of every conclusion, and without the same it become lifeless. The necessity of recording reasons in administrative orders is to convey to the affected parties the satisfaction arrived at by the authority for the conclusion it has reached, so that the aggrieved person will have the opportunity to get the correctness of such reasons tested before the appropriate forum, be it appellate authority or the constitutional courts. - Relied - Siemens Engineering & Manufacturing Co. of India Ltd. vs. The Union of India & another, (1976) 2 SCC 981; Gurdial Singh Fijji vs. State of Punjab and others, (1979) 2 SCC 368; Krishna Swami vs. Union of India & others, AIR 1993 SC 1407; State of Orissa vs. Dhaniram Luhar, (2004) 5 SCC 568 & Nareshbhai Bhagubhai and others vs. Union of India & others, (2019) 15 SCC 1.

Kishan Patel & others Vs. State of Madhya Pradesh and others