UMME AMMARA Vs. STATE OF UP

JUDGEMENT

(1.) Heard Shri Saurabh Basu, learned Counsel for the petitioner. Learned Standing Counsel appears for the respondents. The petitioner was nominated as Member of the District Consumer Forum. By the impugned order dated 7.9.2009 passed by the Principal Secretary, Government of U.P. with the approval of Hon'ble the Governor, the petitioner has been removed as Member of the District Consumer Forum, Jyotiba Phule Nagar, on the ground that she contested the elections of the Legislative Assembly of the year 2007, as an independent candidate without disclosing in the nomination paper, that she is holding the office.

(2.) Shri Saurabh Basu, learned Counsel for the petitioner submits that the petitioner requested the Chairman of the State Consumer Forum as Head of the Department as to whether she can contest the elections. She did not receive any reply, on which she filed the nomination papers. The reply was received by her on 7.4.2007 that she cannot take part in the elections, after the date of withdrawal of the nomination. On receiving the letter she informed the District Magistrate/District Election Officer that she does not want to contest the elections, and withdrew from the contest.

(3.) A show cause notice was given to the petitioner and that after an enquiry, in which the petitioner was associated and her reply was considered, the State Government decided to dismiss her from the membership (full time) of the Forum, The order was amended by Office memorandum dated 29.4.2010 by substituting the word 'removal' in the order dated 7.9.2010, instead of dismissal.