Mehrotra, J. - (1.) This is a petition under Article 226 of the Constitution praying that a writ of certiorari be issued to quash the order of the State Government dated 28th July, 1956, removing the petitioner from Membership of the Municipal Board Mewana Kalan, District Meerut, and further that a writ of mandamus commanding the opposite parties be issued not to interfere with the petitioner's right of membership of the Municipal Board. The petitioner was elected member of the Municipal Board, Mawana Kalan, in the year 1953. The petitioner has alleged in the affidavit that one Aziz Hasan son of Azaz Uddin had submitted an application together with a site plan seeking permission for making certain constructions. At that time the petitioner was Senior Vice-Chairman of the Municipal Board, Mawana Kalan, and a member of the Public Works Committee and Vidya sagar Dixit was the Chairman of that Committee. On 28th May, 1954, the Sanitary Inspector had submitted his report on that application stating therein that he had inspected the site, and the proposed constructions involved an encroachment on the Municipal land. Mr. Dixit had also reported that the permission should not be granted. On 22nd June, 1954, the Public Works Committee passed a resolution that the matter be placed before the next meeting of the Public Works Committee with the report of the Chairman and also of the petitioner. It was also decided by the Committee that the Executive Officer should also inspect the site with reference to the map and submit his report. On 15th July, 1954 the petitioner inspected the site and sub-terms:- "Inspected the site. The houses which are situate on both the sides of the site of the house in the map appear to be projecting outside. I, therefore, consider that by granting permission to the petitioner in accordance with the plan will not be of any harm to the Board."
(2.) On 5th August, 1954, the Officiating Secretary of the Municipal Board circulated the agenda for the meeting of the Public Works Committee to be held on 7th August, 1954 at 2 P.M. The petitioner attended the meeting but left it before it concluded. The sanction was granted by the Public Works Committee. On the 14th October, 1955, the petitioner received from the District Magistrate what purported to be a copy of a charge against him asking him to submit his explanation for being forwarded to the State Government. The petitioner thereafter submitted his explanation. On 13th August, 1956 he received a copy of an order of his removal from membership purporting to have been passed by the Government of Uttar Pradesh in exercise of its powers under Section 40 Sub-clause (3) of the Municipalities Act.
(3.) On these facts the present petition has been filed challenging the order of removal. Notices were issued to the opposite party and counter-affidavit has been filed on behalf of the State of U.P. The main contention raised by the petitioner is that the charge-sheet which was given to the petitioner does not make out any case under Section 40 Sub-clause (3) of the Municipalities Act, and that other facts which may have been in the knowledge of the State Government acting upon which the order has been passed were not given in sufficient detail in the charge sheet and, consequently, there was no proper opportunity given to the petitioner to offer his explanation as required under Section 40 Sub-clause (4) of the Municipalities Act.;