S. Saghir Ahmad, J. - (1.) These two petitions are directed against the Government Older dated 20th November, 1991 by which the Municipal Board, Balrampur, District Gonda has been superseded after an enquiry into the charges made against it for wilful default in the performance of duties imposed upon it, by or under the U.P. Municipalities Act, 1916.
(2.) Kasim Ali who has filed Writ Petition No. 3908 of 1991 was the Acting President of the Municipal Board on the date on which it was superseded by the State Government. Petitioners of Writ Petition No. 4125 (MB) or 1991 were the members on the relevant date. It appears that on 7th of August, 1991 a notice was issued to the Municipal Board requiring it to show cause why it may not be superseded under Section 30 of the Act for the lapses set out in the charge-sheet annexed therewith. This is contained in Annexure-1 to Writ Petition No. 3908 of 1991. Another charge-sheet together with a notice was issued to the President of the Board requiring him to show cause why he may not be removed from the office of the President by order passed under Section 48 of the Act. The charge-sheet issued to the President is contained in Annexure-2.
(3.) Apart from the contention raised before us that the charges levelled against the President as also against the Board are identical in terms with slight variations here and there which do not materially affect the substance of the charges, the principal contention, on which we intend to dispose of the petition finally, is that before issuing the show cause notice and charge-sheet to the President and the Board separately, the Government had got an enquiry conducted into the affairs of the Board but a copy of the enquiry report conducted by the Sub-Divisional Officer, B3lrampur, Gonda which was submitted by the District Magistrate to the State Government under his covering letter dated 14th July, 1991 in which he had indicated that action be taken against the Board under Section 30 of the Act, was not given to them and impugned order passed against the Board is vitiated.;