SUSHILA KHOKHER Vs. STATE OF U P

JUDGEMENT

(1.) Petitioner's contention is that in view of the Full Bench Judgment of this Court in Hafiz Ataullah Ansari v. State of U.P. and Others, 2011 3 ADJ 502 (FB) confirming the Division Bench Judgment of this Court in Imran Masood v. State of U.P. and Others, 2008 1 ESC 407, import of such judgment is that while ceasing the power of the President of the Municipality, opportunity of hearing will be given pursuant to proviso under Section 48(2) of the U.P. Municipalities Act, 1916 read with the judgment.

(2.) We have gone through the proviso and found that where the State Government has reason to believe that the allegations do not appear to he groundless and the President is prima facie guilty on any of the grounds of this sub-section resulting in the issuance of the show-cause notice and proceedings under this sub-section he shall, from the date of issuance of the show-cause notice containing charges, cease to exercise, perform and discharge the financial and administrative powers, functions and duties of the President until he is exonerated of the charges mentioned in the show-cause notice issue to him under this sub-section and finalization of the proceedings under sub-section (2-A) and the said powers, functions and duties of the President during the period of such ceasing, shall be exercised, performed and discharged by the District Magistrate or an officer nominated by him not below the rank of Deputy Collector.

(3.) From the plain reading of such proviso it appears to us that a simultaneous action for the purpose of ceasing and issuance of show-cause can be taken, A recent Division Bench Judgment has been shown to this Court in Sardar Javed Khan v. State of U.P. and Others, 2011 8 ADJ 457 in which it was held that there is no necessity of issuing a separate order for ceasing the financial and administrative powers of the petitioner and if the State Government is satisfied that the charges do not appear to be groundless and the President is prima-facie guilty of any of the charges, the cessation of financial and administrative powers takes place automatically.