MUNICIPAL BOARD FIROZABAD Vs. STATE OF U P

JUDGEMENT

(1.) BY means of the present petition under Article 226 of the Constitution of India the order of the State Government dated 7 -9 -1991 superseding the Municipal Board, Firozabad has been challenged. Petitioner No. 2 Rajendra Kumar Jain is the President of the Municipal Board, Firozabad, hereinafter referred to as the 'Board' and Petitioners Nos. 3 to 30 are the elected members of the Board By U.P. Municipalities Notified Areas and Town Areas (Alpakalik Vyayastha Adhiniyam. 1977 (U.P. Ordinance No. 16 of 1977) with effect from 10th August, 1977 the powers of all the Boards in the State were vested in the District Magistrates concerned who administered the Boards either himself or through the officers to whom the power was delegated. The Ordinance was replaced by U.P. Act No. 13 of 1977. This continued from time to time till the year 1989. On 6th February, 1989 after the elections were duly held that the Municipal Board, Firozabad had an elected Board. Sri Ashoka Chaturveii was' elected as President of the Board and Sri Shafiq Adil Khan as Senior Vice President.

(2.) SRI Ashoka Chaturvedi resigned from the office of the President handing over the charge to Sri Safiq Adii Khan, Senior Vice President. Sri Safiq Adii Khan was to continue till the election of the new President was to be held. In June, 1990, Rajendra Kumar Jain was elected as President. Thereafter, three writ petitions were filed in this Court, viz. Writ Petition No. 11131 of 1990, Shafiq Adii Khan v. District Magistrate, challenging the validity of the election of the President. Another writ petition No. 16769 of 1990 S.P. Yadav v. District Magistrate was filed for the same relief and the third writ petition was filed by Smt. Kamlesh Kumari being Writ Petition No. 14559 of 1990. In the first two writ petitions, no stay order was granted by this Court. In the third writ petition an interim order was obtained stating the declaration of the result. The stay order was ultimately vacated and on 4th August, 1990, Rajendra Kumar Jain assumed the charge of the Presidentship of the Board.

(3.) IMMEDIATELY after this Court passed the stay order, the State Government obtained a report from the City Magistrate, Firozabad on 10th March, 1991 and issued two notices on 13th March, 1991. The first notice was issued to the Municipal Board as to why it be not superseded under Section 30 of the Act and the second notice was issued to the President of the Municipal Board, Rajendra Kumar Jain, as to why he may not be removed from the President ship of the Board. This notice was issued under Section 48(1) of the Act. Both these notices have been attached as Annexures '1' and '2' to the writ petition. We have examined both these notices. They are practically in the same terms. By the same notice issued to the President, the President was placed under suspension w.e.f. 13 -3 -1991 and again Safiq Adii Khan who was Senior Vice President was permitted to act as president. Immediately after Safiq Adii Khan took over charge as Officiating President, he withdrew all the charges against the Executive Officer and asked him to function regularly. Sri Rajendra Kumar Jain, there after filed two writ petitions in this Court. Writ Petition No. 8087 of 1991 Rajendra Kumar Jain v. State of Uttar Pradesh, was filed challenging the notice under Section 48(2) of the Municipalities Act dated 13th March, 1991. This Court directed in this petition that the Petitioner may file a reply and no further action may be taken against him in pursuance of the notice. Another writ petition was filed challenging the suspension order being Writ Petition No. 8086 of 1991. Rajendra Kumar Jain v. State of U.P. In this petition, on 1 -4 -1991, this Court stayed the operation of the suspension order dated 13th March, 1991. The Municipal Board further filed another writ petition challenging the notice dated 13th March. 1991, then to it under Section 30 of the Act which was rejected by this Court on 1 -4 -1991 as premature and the Municipal Board' was asked to show cause before the State Government against the notice issued to it The result of the various orders passed by this Court was that so far as the President of the Municipal Board was concerned, the suspension order was stayed and further proceedings for restively against him were also stayed. So far as the notice for supersession of the Municipal Board was concerned, the Municipal Board was asked to show cause. On 9th April, 1991, a reply to the show cause notice was given by the Municipal Board. On 7th September, 1991, the Board has been superseded. It is this order which has been challenged by means of the present writ petition. This Petition was filed on 19th September, 1991. On that date, an application was filed for impleadment on behalf of one Prashant Gupta who is the resident of Firozabad. He wants to be impleaded because he is voter of the Municipal Board. In our opinion, he is neither necessary nor proper party to this petition and hence it is not necessary to implead him but in the interest of justice we think it proper Jo hear him in opposition to this writ petition. Under Chapter XXII Rule 5 of the Rules of Court. We have, consequently heard Sri S.C. Budhwar and Sri N.K. Chaturvedi on behalf of the Petitioners, Sri S.S. Bhatnagar, Senior Advocate, along with Sri Ashok Bhushan on behalf of Prashant Gupta and Sri K.B. Mathur, learned Standing Counsel on behalf of the State