ZAHEER AHMAD ANSARI Vs. STATE OF U P

JUDGEMENT

(1.) This writ petition has been filed for quashing the order dated 29th June, 2004 (Annexure 11) by which the petitioner, the President of the Nagar Palika Parishad, Etawah, has been deprived of his financial and administrative powers in exercise of the powers conferred under Section 48 [2-K (a)] of the U. P. Municipalities Act, 1916 (hereinafter called the Act, 1916), as amended by the Amendment Act VI of 2004.

(2.) Facts and circumstances giving rise to this case are that the petitioner had been elected as the President of Nagar Palika Parishad, Etawah for a period of five years. There were certain allegations against the petitioner for which preliminary enquiry was conducted and, prima facie, the allegations have been found to have some substance. As the charge-sheet has been served upon the petitioner, he has been deprived of the administrative and financial powers by the impugned order. Hence this petition.

(3.) Shri B. P. Singh, learned Counsel appearing for the petitioner has raised large number of issues including the competence of the District Collector to pass the order dated 29th June, 2004 depriving the petitioner from exercising administrative and financial powers and further appointing the Additional District Magistrate (F&R), Etawah to exercise the same. It is submitted by Shri Singh that it is the State Government which can deprive the petitioner of such powers and order being passed by the District Collector, is without jurisdiction and, therefore, nullity. Secondly, allegations of mala fide have been made against the respondent No. 5, the then District Collector and Executive Officer of the Nagar Palika Parishad; Etawah, who have also been impleaded as respondents by name, it is submitted by Shri singh that petitioner became victim of malicious intentions of said respondent Nos. 5 and 6, therefore, the order impugned is liable to be quashed.