ISHRAT BANO Vs. COMMISSIONER AZAMGARH

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This writ petition has been filed against the impugned order dated 12.9.1997. Annexure-1 to the writ petition by which an administrator has been appointed in place of the petitioner who was elected Chairman of Nagar Panchayat, Kopaganj, district Mau. By an amendment application, the order dated 15.9.1997 Annexure-1 to the affidavit in support of the said application has also been challenged. This order dated 15.9.1997 is only consequential to the order dated 12.9.1997.

(3.) The petitioner was elected as Chairman of the Nagar Panchayat, Kopaganj, district Mau, and the short question in this case is whether in the circumstances of the case, an Administrator could have been legally appointed. The order dated 12.9.97 purports to have been passed under Section 36 (1) of U. P. Municipalities Act, 1916. In our opinion, the said provision does not have any relevance because that only deals with the extraordinary powers of the District Magistrate in an emergency for providing for execution of any work or doing any act which the Municipal Board is empowered to execute or do for the safety, protection and convenience of the public. We cannot see how this provision entitles an Administrator to be appointed on the facts of this case.