Public interest removal without hearing was struck down for violating equality and procedural fairness under Article 14.

Section 14(e) of the Punjab Municipalities Act, 1911, was examined for allowing the State Government to vacate a municipal member's seat on grounds of public interest without notice or hearing. The Court compared it with section 16(1), which covered overlapping grounds but required communication of reasons and an opportunity to submit a written explanation, and found that the more drastic power in section 14(e) could be used to bypass those safeguards. Section 24(3) did not remove this discriminatory effect. Section 14(e), to that extent, was declared unconstitutional under Article 14, and the notifications issued under it were set aside.

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Issues: Whether section 14(e) of the Punjab Municipalities Act, 1911, in so far as it empowered the State Government to vacate the seat of a member on the ground of public interest without notice or hearing, violated Article 14 of the Constitution.

Analysis: Section 14(e) authorised vacation of a member's seat for reasons deemed to affect public interest, but it contained no requirement of notice or opportunity to explain. Section 16(1) of the Act dealt with removal of a member on grounds which also fell within public interest, yet its proviso mandated communication of the reasons and an opportunity to tender a written explanation. The existence of two overlapping powers, one accompanied by procedural safeguards and the other devoid of them, enabled the State Government to proceed under the more drastic provision for the same reasons and thereby avoid the hearing required by section 16(1). The comparison also showed that the proviso to section 24(3) operated in a different field and did not cure the discriminatory character of section 14(e).

Conclusion: Section 14(e), insofar as it permitted vacation of a seat on the ground of public interest without notice or hearing, was held unconstitutional as violating Article 14. The notifications issued under that provision were set aside.

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