NAGAR PANCHAYAT, SAFIPUR Vs. STATE OF U P

JUDGEMENT

(1.) Smt. Uma Devi Chairperson of Nagar Panchayat, Safipur, District Unnao is before this Court, questioning the validity of the order dated 29.01.2014 passed by the State Government proceeding to cease her financial and administrative power to function as Chairperson of Nagar Panchayat, Safipur, District Unnao pending proceedings of removal from the office of Chairperson of Nagar Panchayat, Safipur, District Unnao.

(2.) Brief background of the case as is reflected from the pleadings that has been set out is that Smt. Uma Devi was elected as Chairperson in the election of Nagar Panchayat, Safipur, District Unnao in the month of July, 2012 and petitioner took oath of the office of Chairperson, Nagar Panchayat Safipur, District Unnao on 17.07.2012 alongwith other member on the same date.

(3.) Petitioner has stated that she has been performing and discharging her duties as Chairperson of Nagar Panchayat, Safipur, District Unnao strictly as per the provision as envisaged under U.P. Municipalities Act 1916 by adopting free, fair and transparent procedure and her submission is that the first meeting of the Nagar Panchayat was called on 6.8.2012. Petitioner has further stated that thereafter, petitioner directed the Executive Officer of Nagar Panchayat to call the meeting of Nagar Panchayat and passed requisite order in this regard on 13.9.2012, but the meeting was not called by the Executive Officer of Nagar Panchayat. Petitioner has further submitted that no regular Executive Officer (EO) has been posted at Nagar Panchayat Safipur and either S.D.M Safipur discharged the duties of EO or EO of other Nagar Panchayats took additional charge of EO of Nagar Panchayat Safipur. Petitioner thereafter has stated that a meeting of Nagar Panchayat was called on 10.12.2012. In the said meeting the member of Nagar Panchayat from Ward No. 8, Shri Vinod Kumar Mishra, joined the meeting late, by which time the minutes of the meeting were already reduced in writing. Shri Vinod Kumar Mishra was not present in the first meeting dated 6.8.2012, in which meeting several works were decided to be completed and since he was absent in the meeting, therefore, no decision could be taken regarding development work to be carried out in his Ward No. 8, however, Chairperson was authorized to carry out the development work in ward No. 8. In reference to next meeting of the Board he again came late in the meeting and as earlier there was no discussion about the works to be carried out in his ward he forced the other members and the petitioner no.2 to have discussion regarding development work in his ward and also forced all the present members to incorporate the discussions on the minutes book. Petitioner has stated that on such insistence of Shri Vinod Kumar Mishra five development work of Ward No. 8 was noted down in the minutes book in the presence of all the members and Executive Officer of Nagar Panchayat. On the very next day the petitioner communicated the minutes of the meeting dated 10.12.2012 of Nagar Palika to the District Magistrate through In-charge Officer of Local Bodies under Section 94(4) of the Act.