Section 26: Removal of Chairperson and Members from office in certain circumstances

Real Estate (Regulation and Development) Act, 2016 • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2016

Legal Commentary & Landmark Judgments: Section 26

Section 26 prescribes the statutory grounds and mandatory judicial inquiry procedure for the removal of the Chairperson or Members of the Regulatory Authority.

  • Grounds for Removal: Insolvency, conviction for an offence involving moral turpitude, physical/mental incapacity, acquired financial interest prejudicing impartiality, or gross abuse of position.
  • Mandatory High Court Judge Inquiry: Removal on grounds of abuse of position or conflict of interest can only be ordered after an inquiry conducted by a Judge of the High Court.
  • Reasonable Opportunity to Defend: The incumbent must be informed of charges and afforded a full hearing in accordance with natural justice.
  • Order of Appropriate Government: Removal is executed by the State Government only upon an affirmative finding by the inquiring High Court Judge.
Key Landmark Precedents:
  • Justice P.D. Dinakaran v. Judges Inquiry Committee, (2011) 8 SCC 380: The Supreme Court affirmed that quasi-judicial adjudicators enjoy constitutional protections against arbitrary removal, requiring strict adherence to judicial inquiry standards.
  • Union of India v. Subodh Kumar, (2012) 13 SCC 350: Emphasized that statutory grounds of removal must be substantiated by concrete evidence of moral turpitude or demonstrable conflict of interest.
Courtroom Practice & Strategic Litigation Guidance:

Any allegation of bias or conflict against a RERA Member must be raised via formal recusal petition before the Member first, rather than collateral executive complaints.