KHURSHED ALAM LARI Vs. STATE OF U P

JUDGEMENT

(1.) In this petition by order dated 16.1.1998 time was granted to the learned Counsel for the respondents to file counter affidavit with a clear understanding that the petition may be disposed of finally on 9.2.1998. However, no counter affidavit has been filed though sufficient time was given. As the question is purely legal, in our opinion, the writ petition can be disposed of finally at this stage even without counter affidavit.

(2.) The facts giving rise to this petition are that petitioner Khurshed Alam Lari was elected as Chairman of Nagar Panchayat Lar, district Deoria. By the impugned order dated 9.10.1997, a show cause notice was served on the petitioner under Section 48 (2) of the U.P. Municipalities Act, 19.16 (hereinafter referred to as the Act) as to why the petitioner may not be removed from the office of Chairman of Nagar Panchayat, Lar, district Deoria. On the same date, another order was passed, which is Annexure 8 to the writ petition, by which petitioner has been deprived of his financial powers which normally vest in him as Chairman of the Nagar Panchayat. Aggrieved by this order present petition has been filed.

(3.) It may be mentioned at this place that challenging the show cause notice dated 9.10.1997, served on the petitioner under Section 48 (2) of the Act, petitioner filed writ petition No. 35235 of 1997 which was disposed of finally by us on 23.10.1997 direction respondent No. 1, State of U.P, to conclude the proceedings against the petitioner initiated by the impugned order, within a period of three months from the date a copy of the order was filed. It is not disputed that three months' period has passed, but the proceedings have not been concluded.