MATLOOB GAUR Vs. STATE OF UP

JUDGEMENT

(1.) Heard Shri Kesari Nath Tripathi, Senior Advocate assisted by Shri Suneet Kumar, learned counsel for the petitioner. Learned Standing Counsel appears for the respondents. Shri Devendra Kumar has entered caveat for the Administrator and Executive Officer of the Nagar Panchayat, Kithore, Distt. Meerut.

(2.) Shri Matloob Gaur, the petitioner was elected as Chairman of Nagar Panchayat, Kithore, Distt. Meerut in November, 2006. A notice dated 5.2.2008 was issued to him by the State Government on 5th February, 2008 and was served upon him by the District Magistrate, Meerut by his letter dated 8.2.2008 to show cause as to why he should not be remove from the post of the Chairman of the Nagar Panchayat under Section 4 (2) (b) (ii), (iv), (ix), (x), (xi), (xii) and (xvii) of the U.P. Municipalities Act, 1916. The notice also contained an order by which the petitioner's financial and administrative powers under the proviso to Section 48 (2) of the U.P. Nagar Palika Adhiniyam, 1961 were ceased, and were directed to be exercised by the District Magistrate, or an officer nominated by the District Magistrate, who shall not be Sub Divisional Magistrate to exercise such powers until the petitioner is exonerated of the charge. The District Magistrate by his communication letter dated 8.2.2008 directed the Sub Divisional Officer, Mawana to exercise the financial and administrative powers, until the conclusion of the proceedings.

(3.) The show-cause notice contained four charges namely; (1) that the petitioner had stated in his affidavit filed along with nomination paper on 5.10.2006 that there was no case pending against him in any Court. He did not disclose the cases, which are pending against him and thus concealed the facts; (2) the log book dated 2.8.2007 of the consumption of diesel was only with regard to tractor. The tractor driver stated that the diesel is filled directly at the petrol pump and is not consumed separately. No log book was maintained for the period prior to the period 2.8.2007, causing doubt over the consumption of diesel; (3) the contract for parking place for the year 2007-08 of Nagar Panchayat Kithore, was settled by the petitioner in favour of his brother Shri Maroof Ahmad. Three persons namely Shri Maroof Ahmad, Dilshad and Sher Mohammed participated in the auction held on 30.5.2007, whereas the amended bylaws were published in the gazette on 14.7.2007. The petitioner violated the conditions of Section 18 (b) (ii), which prohibits the Chairman of the Nagar Palika to give benefits to his family members either directly or indirectly; and (4) the plot No. 908, 903, 935 are registered as a pond and is not in the possession of the Chairman of the Nagar Panchayat, but plot No. 702, which is entered as 'khata kuria' (manure pits) has been used to construct a house for which a suit is pending in the civil Court and that Court directed the parties to maintain status quo. In preliminary enquiry the charge was found fully proved against the Chairman.