Honourable Yatindra Singh, J. - (1.) A president of a municipality can be removed for misconduct under Section 48 of the UP Municipalities Act, 1916 (the Municipalities Act). He ceases to exercise, perform, and discharge the financial and administrative powers and functions (in short 'ceases to exercise financial and administrative powers') the moment a show-cause notice is issued against him satisfying the conditions under proviso to sub-section 2 of Section 48 {Section 48(2)} of the Municipalities Act. The main question involved in this reference revolves around the right of the president before such a notice is issued against him: Is he entitled to an opportunity, before issuing such a show-cause notice? If it is necessary then, what is its extent? THE FACTS
(2.) THE nagar panchayats in our State are governed under the Municipalities Act. THE petitioner was elected Chairman/ president of Nagar Panchayat Dasna, district- Ghaziabad (the Nagar Panchayat) on 31.10.2006. The bye-laws of the Nagar Panchayat for collection of parking fees were already proposed on 31.12.2001. They were approved and notified on 21.3.2007 after the petitioner was elected its president. The auction notice for collection of parking fee was published on 23.5.2007. It was published by the beat of drums on 23.5.2007 and was also published in the Hindi daily newspaper Rashtriya Sahara on 1.6.2007.
(3.) THE auction in pursuance of notice was held on 8.6.2007 and one Chaudhary Usman was the highest bidder. His bid of Rs. 36,000 was accepted and approved on 8.6.2007 itself. Chaudhary Usman made a complaint that he was not being permitted to collect the parking fee by the unauthorised persons. It was referred to the District Magistrate, Ghaziabad (the DM) by the executive officer (the EO) of the Nagar Panchayat.;