SHAMIM AHMAD Vs. STATE OF U P

JUDGEMENT

(1.) THE moot question which arises for consideration in the present writ petition is whether the removal of the petitioner as President of the Nagar Palika Parishad, Mubarakpur, District Azamgarh was in accordance with the provisions of Section 48(2 -A) of the UP. Municipalities Act, 1916.

(2.) A President is elected by an electorate, but he may be removed from office by the State Government on charges specified in Section 48 of the U.P. Municipalities Act, 1916 (hereinafter referred to as the Act).

(3.) A perusal of Section 48 of the Act indicates that the State Government may issue a notice to the petitioner to show cause why he should not be removed from the post of President. Section 48 (2 -A) contemplates that the State Government before removing the President from his office is required to.