PREETI SWAPNIL AGARWAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition filed under Article 226 of the Constitution of India takes exception to the order dated 15.11.2019 (Annexure P-13), whereby invoking Section 41- A of M.P. Municipalities Act, 1961 (hereinafter referred to the Act), the petitioner was removed from the post of President, Municipal Council, Katangi, district Jabalpur and further declared as disqualified to hold the post of President for the subsequent term.

(2.) The petitioner was elected on the post of President in the Municipal Council in the year 2015 and assumed the charge of the said office on 15.01.2015. On 30.05.2016, a complaint was filed against her alleging that certain irregularities were committed during illegal appointment of the daily rated employees and in the purchase of GI pipes by the council. The said complaint was investigated by respondent No.2, who submitted a detailed report on 13.06.2017 holding the complaint to be incorrect and without basis. Later on, on the basis of the same complaint, another enquiry was conducted and in the second report dated 01.09.2017 (Annexure P-2), the President alongwith Chief Municipal Officer and the Accounts Officer were held responsible for the charges of irregular appointment of daily wagers and procurement of GI pipes.

(3.) A show cause notice dated 14.08.2019 was issued, calling explanation,in which two more charges relating to procurement of solar lights and fiber speed breakers were also included.