M.Katju, J. - (1.) The petitioner was elected Chairman of Town Area, Oran, District Banda in 1988. By means of the present petition the petitioner has challenged the impugned order of the District Magistrate, Banda dated 10-1-1992 (Annexure-9 to the writ petition) under Section 7-A of the U.P. Town Area Act removing the petitioner from the post of Chairman, as well as the order of the State Government dated 21-1-1992 (Annexure-10) to the writ petition) confirming the aforesaid order, and also the order Of the District Magistrate dated 24-1-1992 (Annexure-1) appointing a prescribed authority.
(2.) Counter and rejoinder affidavits have been filed and 1 have heard Shri R. N. Singh, learned counsel for the petitioner and Shri Yatindra Singh and Standing Counsel for the respondents, and I am disposing of this writ petition finally.
(3.) Section 7-A(l) of the U. P. Town Areas Act states as follows :- "7-A. Removal of a Chairman or a member of a committere.-- (1) The prescribed authority, or, where an authority has not been prescribed, the District Magistrate, may remove a Chairman or any member of the Committee who, in its or his opinion. (a) has been guilty of gross misconduct or failure in the discharge of his duties, or (b) has failed to pay for a period of more than one year any taxes, or other dues payable by him to the Committee, or (c) has become disqualified for being a member under section 6-K : Provided, firstly, that before making an order removing the Chairman or the member, as the case may be, he shall be allowed an opportunity to subject his explanation on the charges or charge against him. Provided, secondly, that no order for removal shall take effect unless it is confirmed by the State Government.";