REKHA KINNER Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Shailendra, learned Counsel appearing on behalf of the petitioner, learned Standing Counsel for respondents No. 1,2,3,4 and 6, Sri Ranjan Srivastava for respondent No. 5 and Sri U. K. Saxena, learned Counsel for respondent No. 7.

(2.) THE petitioner, who is the President of Nagar Palika Parishad, Ahraura, district Mirzapur, which is a Municipal Board constituted under the Uttar Pradesh Municipalities Act, 1916 (in short "act of 1916"), approached this Court by means of present writ petition under Article 226 of the Constitution of India seeking prayer to quash the order dated 19th December, 2007, a copy whereof is annexed as Annexure-'20' to the writ petition, whereby the State Government in purporting exercise of power under sub-section (2) of section 48 of 'act of 1916' has passed the order ceasing the financial and administrative power of the petitioner, pending enquiry in the matters of charges levelled against the petitioner.

(3.) LEARNED Counsel for the petitioner submits that proviso to section 48 (2) of 'act of 1916', which is reproduced below, contemplates a preliminary enquiry before passing of the order of seizure of the financial power and since no enquiry, what to say preliminary enquiry has been conducted to the knowledge of the petitioner the order, whereby the financial power has been ceased, impugned in this writ petition deserves to quashed by this Court.