M. P. Kenia, J. - (1.) WE have, on the 21st of May, 1991, passed the following orders :- "For reasons separately recorded, the petition is dismissed."
(2.) THE reasons aforesaid are indicated herein below. The petitioner was elected as the President of the City Board, Ghaziabad, in November, 1989, and has. therefore, at all relevant times, functioned as such. The petitioner was served with a show cause notice dated 20th of March, 1991, by the State Government inter alia, calling upon him to show cause within a period of 15 days, why he should not be removed from the post of the President. The said show cause notice contained a list along with appropriate particulars of the charges against the petitioner. This show cause notice, a copy whereof is annexed as annexure '3' to the petition, was received by the petitioner on the 1st of April, 1991, and by a reply which is dated the 5th of April, 1991, (Annexure '4' the petition), the petitioner, inter alia, sought copies of various documents such as resolutions passed by the City Board, Ghaziabad, at various times, the minute books of the City Board, the particular issue of a local daily and the like and stated that after the said was made available to the petitioner, it will be necessary to collate the same with the record and, therefore, sought permission to do so by making the record available so as to enable the petitioner to throw light on the correct facts. The petitioner by his aforesaid reply also requested that after the various materials sought by the petitioner were made available to him, he should be granted one month's time to send a further reply to the show cause notice. The petitioner was, thereafter, served with an order dated 4th or May, 1991, whereby the State Government suspended the petitioner as the President of the City Board, Ghaziabad, with immediate effect pending the enquiry pursuant to the show cause notice dated 20th of March, 1991, served upon the petitioner. The show cause notice has been served upon the petitioner under section 48 of the U. P. Municipalities Act and the order of suspension was passed by the State Government under sub-section (3) of Section 48 of the Act. The petitioner thereafter, filed the present petition, inter alia, seeking an issue of a writ of certiorari quashing the show cause notice dated 20th of March, 1991, and all proceeding in pursuance thereof pending before the State Government and for a further writ in the nature of certiorari quashing the order suspending the petitioner as the President of the City Board, Ghaziabad, passed by the State Government on the 4th of May, 1991, and for costs and other reliefs.
(3.) SECTION 48 of the U. P. Municipalities Act, 1916, reads as follows :- "48. Removal of President :- (* *) (2) Where the State Government has, at any time, reason to believe that- (a) there has been a failure on the part of the President in performing his duties, or (b) the President has- (i) incurred any of the disqualification mentioned in section 12-D and 43-AA ; or (ii) within the meaning of section 82 knowingly acquired or continued to have, directly or indirectly, or by a partner, any share or interest, whether pecuniary or of any other nature, in any contract or employment with, by or on behalf of the Board ; or (iii) knowingly acted as President or as a member in a matter other than a matter referred to in clauses (a) to (g) of sub-section (2) of section 82, in which he has, directly or indirectly, or by a partner, any share or interest, whether pecuniary or of any other nature or in which he was professionally interested on behalf of a client, principal or other person ; or (iv) being a legal practitioner acted or appeared in any suit or other preceeding on behalf of any person against the Board or against the State Government in respect of nazul land entrusted to the management of the Board, or acted or appeared for or on behalf of any person against when a criminal proceeding has been instituted by or on behalf of the Board ; or (v) abandoned his ordinary place of residence in the municipal area concerned ; or 4 (vi) been guilty of misconduct in the discharge of his duties ; or (vii) during the current or the last preceding term of the Board, acting as President or Vice President or as Chairman of a Committee, or as a member, or in any other capacity whatsoever, whether before or after the commencement of the Uttar Pradesh Local Self Government Laws(Amendment) Act, 1976, so flagrantly abused his position, or so wilfully contravened any of the provisions. of this Act or any rule, regulation or bye-law or caused such loss or damage to the fund or property of the Board as to render him unfit to continue to be President. (viii) been guilty of any other misconduct whether committed before or after the commencement of the Uttar Pradesh Urban Local Self Government Laws (Amendment) Act, 1976, whether as President or as Vice President, exercising the powers of President, or as Vice President, or as member ; it may call upon him to show cause within the time to be specified in the notice why he should not be removed from office.) (2-A) After considering any explanation that may be offered by the President and making such enquiry as it may consider necessary, the State Government may, for reasons to be recorded in writing, remove the President from his office ; Provided that in a case where the State Government has issued notice in respect of any ground mentioned in clause (a) or sub-clause (ii), (iii), (iv), (vi), (vii) or (viii) of clause (b) of sub-section (2) it may instead of removing him give him a warning. (2-B) An order passed by the State Government under sub-section (2-A) shall be final and shall not be questioned in any court. (3) The State Government may place under .suspension a President who is called upon to show cause in respect of any ground mentioned in clause (a) or sub-clause (vi), (vii) or (viii) of clause (b) of sub-section (2) or against whom a prosecution for an offence which in the opinion of the State Government involves moral turpitude, is commenced until the conclusion of the enquiry or presecution, as the case may be, and where a President has been suspended he shall not, for so long as the order of suspension continues ; be entitled- (a) to exercise the powers or perform the duties of a President conferred or imposed upon him by or under this Act or any other enactment for the time being in force ; or (b) to take part in any proceeding of the Board. (4) A President removed under sub-section (2-A) shall also cease to be a member of the Board and in case of removal on any of the grounds mentioned in clause (a) or sub-clause (vi), (vii) or (viii) of clause) (b) of subsection (2), shall not be eligible for re-election as President or member for a period of five years from the date of his removal. The petitioner's case was presented before us by Mr. R. K. Jain and the respondents' case was argued by the Chief Standing Counsel Mr. A. P. Singh, who appeared on notice;