MAHESH AGRAWAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner was elected as President of Municipal Council, Tilda Nevra in the election held in the month of January, 2015 by the electorate of said municipal constituency as independent candidate. On 28-3-2017, a show cause notice in exercise of power conferred under Section 41-A of the Chhattisgarh Municipalities Act, 1961 (for short, 'the Act of 1961') was issued and served to the petitioner stating inter alia that the petitioner has got a notice inviting tender issued and published on 23-2-2015 for carrying out six different constructions works for which the aggregate amount was more than Rs. 51 lakhs and for that it was incumbent upon the petitioner to prepare separate-separate estimates for each of the works and accordingly, separate-separate technical approval ought to have been asked for which was not done. Secondly, as per applicable rules, NIT was required to be published in two largely circulated daily newspapers, whereas it has been published only in one newspaper namely Nav Bharat and the petitioner has paid an additional amount of Rs. 6,27,806-73 ps. and thereby caused loss to the municipality. The petitioner was issued show cause notice by the State Government as to why he be not removed from the post of President of the municipality under the Act of 1961 for his abovestated misconduct under Section 41-A of the Act of 1961.

(2.) The petitioner filed his reply stating inter alia that for all the different works, separate-separate estimates have been prepared and accordingly, separate-separate technical sanction has been obtained and the publication of notice inviting tender is the administrative job to be done within the power and authority of the Chief Municipal Officer respondent No.2 herein and copy of enquiry report has neither been supplied to him nor any enquiry has been done to show that he is in any way responsible for making payment of additional amount of Rs. 6,27,806-73 ps. to the contractor. Even otherwise, by notification dated 31-3-2015 financial powers of the President of the municipality has been withdrawn by the State Government and since then all the authority to issue any cheque or making financial payment is vested only with the Chief Municipal Officer respondent No.2 herein. No payment has been made under the signature of the President i.e. the petitioner herein.

(3.) The State Government by its impugned order dated 3-5-2018 exercising power under Section 41-A of the Act of 1961 removed the petitioner in exercise of power under Section 41-A(1) and (2) of the Act of 1961 and further disqualified him for the next term stating inter alia that under the Chhattisgarh Municipalities (The Conduct of Business of the Mayor-in-Council/President-in-Council and the Powers and Functions of the Authorities) Rules, 1998 (for short, 'the Rules of 1998'), the petitioner had no power to grant administrative approval in anticipation and the power under Rule 6(3) of the said Rules of 1998 can be exercised only in case of emergency.