Amarjeet moves HC against removal as Mohali councillor

Amarjeet, who is the younger brother of former Congress health minister Balbir Singh Sidhu, was removed as councillor on December 28 by the Punjab local bodies department after indicting him in a conflict of interest case

Former Mohali mayor Amarjeet Singh Sidhu has approached the Punjab and Haryana high court against the December 28 order of the Punjab local bodies department that cancelled his House membership.

Amarjeet’s plea was taken up by the bench of justice Vikas Bahl, which recused from hearing it and referred the matter to the chief justice for listing before some other bench. (HT Photo)

His plea was taken up by the bench of justice Vikas Bahl, which recused from hearing it and referred the matter to the chief justice for listing before some other bench.

Amarjeet, who is the younger brother of former Congress health minister Balbir Singh Sidhu, was removed as councillor on December 28 by the local bodies department after indicting him in a conflict of interest case.

The order passed by secretary, local bodies department, said the government was left with no other option but to disqualify him as councillor, as he had violated Section 63 of the Punjab Municipal Corporation Act, 1976. By virtue of the order, he was disqualified as the mayor as well.

The allegations were that he presided over meetings as the finance and contract committee (F&CC) chairman, in which tenders were awarded to a society, of which he was a member. The opposition had accused Amarjeet of allotting 12 tenders worth around ₹1.5 crore to the society, Amritpreet Cooperative Society Limited, Phase 6.

Under Section 63 of the Act, a councillor cannot vote in a matter in which he has personal advantage.

Amarjeet had joined the BJP, along with Balbir, in June 2022, but continued as mayor with the support of Congress councillors.

In his plea, he said he was removed as councillor merely for being a member of the society in an arbitrary manner and not on valid grounds as per the 1976 Act. The fact that the e-tendering process was done by the technical staff of MC, bids were opened by the MC commissioner and contracts were given to the lowest bidder, who qualified as per the procedure, had been ignored, the plea said, adding that there was no discretion left to the F&CC and contracts were to be given to the lowest bidder.

He also argued that the order was passed even as he was abroad. Demanding that the government order be stayed, the plea alleged that the order was passed at the behest of the local MLA, who was a political opponent.

An argument was also raised that there were different procedures for removal of a councillor and removal of a mayor. Further, it was also argued that no monetary gains were made by him, by virtue of being the member of the society. The Act does not bar a member to be part of a society and it does not invite disqualification, the plea said.