- (1.) Heard Sri Ravi Kiran Jain, learned Senior Counsel assisted by Sri Vivek Kumar Singh, learned counsel for the petitioner, learned Standing Counsel for the respondent nos. 1 to 6 and Sri Anurag Khanna and Sri Nipun Singh, learned counsel who have filed caveat on behalf of Habibur Rahman, Dr. Mohammad Author, Manoj Kumar and Umesh Kumar, but who have not been impleaded in the present writ petition.
(2.) Under the show cause notice issued in exercise of power under section 48 of U.P. Municipalities Act, 1916, the State Government has recorded that the charges against the petitioner, as recorded in the show cause notice, are serious and are prima facie established from the materials which has been collected and produced before the State Government, the petitioner may show-cause as to why, he may not be removed from the office of President, within fifteen days. The Governor has also been pleased to direct that in view of the seriousness of the charges qua which there is material on record the financial and administrative powers of the Adhyaksha of Nagar Palika Parishad shall remain ceased, till he is acquitted of the charges mentioned in the notice. The District Magistrate has been authorized to exercise financial and administrative functions on day-to-day in accordance with provisions of the U.P. Nagar Palika Adhiniyam, 1916.
(3.) Learned counsel for the petitioner has raised various grounds for challenging the show cause notice itself as well as for questioning the cessation of his financial and administrative powers.;