HAZI ISLAM Vs. STATE OF U P

JUDGEMENT

(1.) In the instant writ petition, the petitioner, an elected President of Nagar Palika Parishad, Kandhla, district Muzaffarnagar, has prayed for quashing of the order of the State Government dated 13.11.2003 passed under Section 48 (2A) of the Uttar Pradesh Municipalities Act. 1916 (hereinafter referred to as the Act) removing him from the post of President and the consequential order of the District Magistrate, Muzaffarnagar dated 15.11.2003 intimating his removal.

(2.) The admitted facts, as appear from the pleadings of the parties, in brief are that the election of the office of the President of Nagar Palika Parishad, Kandhla, District Muzaffarnagar was held in the year 2000 wherein the petitioner was declared elected. Consequently, he took oath of the office on 1st December, 2000. However, some complaints alleging certain irregularities against the petitioners were received by the State Government whereupon the State Government vide letter dated 8.8.2001 (Annexure-1 to the supplementary counter-affidavit of the State), sent those complaints to the District Magistrate, Muzaffarnagar directing him to submit his report after making enquiry. The District Magistrate instead of conducting the enquiry himself, entrusted the same to the Sub-Divisional Magistrate, Kairana, who gave his report on 22.10.2001. The District Magistrate, forwarded the report to the Secretary, State of U.P. Nagar Vikas, Lucknow through letter dated 30th October, 2001. The State Government thereafter having considered the report and having reason to believe that the President (petitioner) has failed to perform his duties, framed eight charges against him and called upon him vide show cause notice dated 3.1.2002 to give his reply in respect of those charges before the District Magistrate as to why he should not be removed under Section 48 (2A) of the Act. (Copy of the charges has been enclosed as Annexure-3 to the writ petition). The State Government asked the District Magistrate vide letter dated 16/18th March, 2002 (Annexure-4 to the writ petition) to send his report with recommendation. The petitioner thereafter submitted his reply of show cause notice before the District Magistrate on 27.8.2002, a copy whereof is enclosed as Annexure-8 to the writ petition. The District Magistrate having heard the petitioner and having considered the show cause found that none of the charges were proved and, therefore, through his report dated 11.9.2002 recommended to recall the show cause notice and drop the proceeding. It, however, appears that the State Government did not agree with the report of the District Magistrate and by the impugned order dated 13.11.2003 removed the petitioner from the office of the President of Nagar Palika Parishad (Municipal Board), Kandhla, which has been impugned in this writ petition.

(3.) We have heard Sri Ajit Kumar, learned counsel for the petitioner, Sri Sudhir Agarwal, learned Additional advocate General assisted by Sri Vishnu Pratap, learned standing counsel for the State-respondents and Sri Amitabh Agarwal, advocate holding brief of Sri Pramod Kumar Jain, learned counsel for respondent No. 3 and have carefully gone through the record.