(1.) This writ petition has been filed seeking direction to the respondent No. 1 to initiate proceedings under Section 48 of the U. P. Municipalities Act for removing the respondent No. 2, the President/Chairman, Nagar Palika Parishad, Shikohabad, District Firozabad.
(2.) Facts and circumstances giving rise to this case are that the respondent No. 2 is duly elected Chairman of the aforesaid Nagar Palika. The petitioners are duly elected members of the same Palika. They have made certain allegations against the respondent No. 2, which are of the nature of financial irregularities/embezzlement while granting the contract of collection of Tehbazari granted to one Shri Raj Kumar. The said Tehbazari was collected by his employees but not deposited in the treasury for the period between 23.5.2002 to 12.7.2002. The contractor Shri Raj Kumar collected the amount of Rs. 1,28,336 but he deposited a sum of Rs. 76,465 only. Certain affidavits had been filed by the members before the respondent No. 1 and representations had been made to the District Collector regarding many other irregularities including also not passing of the budget. Complaints are also for forging and fabricating the record of the meetings, contravention of the orders passed by the District Magistrate, the defalcation of funds, shielding the misdeeds of Junior Engineers, non-payment of salaries/ wages of the sweepers. Petitioners submit that in spite of making large number of representations, no action has been taken by the respondent No. 1 against the respondent No. 2. Hence this petition.
(3.) Shri Tejpal, learned counsel appearing for the petitioners has submitted that in spite of large number of representations/complaints made to the District Collector as well as to the respondent No. 1, no action has been taken against the respondent No. 2 and, therefore, this Court must issue direction to the respondent No. 1 to give a show cause notice in respect of the aforesaid charges and ask the respondent No. 2 to furnish the explanation and then to pass appropriate order.
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