SURINDER PRAKASH GOEL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The petitioner was elected President of Municipal Board, Ghaizabad in February, 1989. He belongs to the Congress-I party and it is alleged that ever since he assumed office attempts have been made by members of other parties to remove him from the office of President. It is alleged that one Sri K. C. Tyagi, Member of Parliament, who belongs to the Janta Dal and had animosity against the petitioner, made repeated efforts to dislodge the petitioner from office. Hence he initiated a no-confidence motion against him, but it failed. Thereafter Sri. Tyagi wrote a letter to the then Chief Minister, Sri Mulayam Singh Yadav, true Copy of which is Annexure 1 to the writ petition. On the basis of this letter, the Chief Minister directed the Commissioner, Meerut Division, Meerut to hold an enquiry and the Commissioner appointed the Additional District Magistrate (City), Ghaziabad to hold an enquiry who held an enquiry and found the petitioner to be innocent. True copy of the report of the Addl. District Magistrate is Annexure 2 to the writ petition.

(2.) Thereafter, the State Government issued notice under S. 48(2) of the U.P. Municipalities Act (hereinafter referred to as 'the Act'). True copy of the show cause notice dated 20-3-91 is Annexure 3 to the writ petition. By this notice the petitioner was called upon to show cause why he should not be removed from the office of the President. The charges in the notice have been summarised in para 12 of the writ petition and hence they need not be repeated. The petitioner gave a reply dated 8-5-1991. In the meantime the petitioner was suspended on 4-5-1991 against which he filed Writ Petition No. 15567 of 1991, which was dismissed by a Division Bench of this Court on 21-5-1991. Against, this judgment relating to the petitioner's suspension he filed a special leave petition in the Supreme Court which was dismissed on 9-7-1991 with the observation that the State Government will not be influenced by the observations made in the judgment of this Court dated 21-5-1991.

(3.) In paragraphs 17 to 51 of the writ petition the petitioner has given in detail his reply to the charges which were levied against him. A true copy of the reply dated 8-5-1991 is Annexure 17. In paragraph 56 of the writ petition it is alleged that the statement did not consider the petitioner's reply to the show cause notice or the documents which he annexed along with the said reply and instead by an order dated 5-9-1991, the State Government removed the petitioner from office of the President. True copy of the impugned order dated 5-9-1991 is Annexure 18. Aggrieved, the petitioner has filed this writ petition.