KAUSHALYA BAI Vs. STATE OF M P

JUDGEMENT

(1.) THE petitioner was elected President of Nagar Panchayat, Badi which is a local authority constituted under M. P. Municipalities Act, 1961 (hereinafter referred to as 'the Act' ).

(2.) SHE was served with a show cause notice under Section 41-A of the Act (Annex. P. 1) proposing her removal from the office of President on the alleged misconduct and irregularities committed by her in discharge of her duties. She submitted a reply to the show cause notice and tried to meet each and every charge or allegations made against her. After her reply, by the impugned order dated 1-4-1998 (Annex. P. 10) she has been removed from the office of President against which this petition under Article 226 of the Constitution of India has been filed.

(3.) SECTION 41-A under which the impugned action has been taken was introduced in the Act by amendment Act No. 18/97 w. e. f. 21-4-1997 and provision reads as under :