AJAY KUMAR SHUKLA Vs. STATE OF M.P

JUDGEMENT

(1.) This petition filed under Article 226 of the Constitution of India, takes exception to the order dated 23.08.2017 (Annexure-P/5) whereby the State Government has invoked Section 41-A of the M.P. Municipality Act, 1961and removed the petitioner from the post of President, Municipal Council, Nagar Parishad, Semaria. In addition, the petitioner was declared as disqualified to hold the post of President till the next term.

(2.) The admitted facts between the parties are that a show-cause notice dated 14.03.2017 was issued to the petitioner. The petitioner filed his detailed reply. An inquiry was conducted and thereafter the impugned order dated 23.08.2017 (Annexure-P/5) was passed.

(3.) Learned counsel for the petitioner assailed the impugned order by contending that the impugned order is politically motivated. The impugned action is triggered because of complaint of respondent No.5 dated 23.04.2016 (Annexure-P/2). The respondent No.5 belongs to a different political party and, therefore, cognizance was taken. The Joint Director, Urban Administration conducted a preliminary inquiry and submitted his report (Annexure-P/3). Most of the allegations mentioned against the petitioner were not found proved. Yet ,mechanically the show-cause notice dated 14.03.,2017 (Annexure-R/2) (with return of respondent No.5) was issued. The petitioner denied the allegations and explained his conduct in great detail.