Mehrotra, J. - (1.) The petitioner Sri Vidya Sagar Dixit was elected member of the Municipal Board Mawana, district Meerut, in 1953. On the 15th of October 1955 the petitioner received a charge-sheet requiring him to submit his explanation within two weeks of the receipt of the charge-sheet. On the 21st of October 1955, the petitioner alleges, that he applied to the President of the Board for permission to inspect the file of one Sri Shamshad Husain who had applied for the construction of his house on the 11th of October 1954 but the petitioner was informed that the file was with Sub-Divisional Magistrate. On the 22nd of October 1955 the petitioner sent a letter to the District Magistrate requesting him for the inspection of the file but no reply was received by him from the District Magistrate. The petitioner in spite of the handicap for not having been permitted to inspect the file submitted his explanation on the 30th of October 1955. On the 4th of August 1956 the petitioner received a copy of the letter from the Secretary to Government of Uttar Pradesh dated the 28th of July 1956 intimating to him that he had been removed from membership of the Municipal Board of Mawana. On these facts the present petition has been filed under Article 226 of the Constitution praying that a writ of certiorari be issued quashing the order of the State Government dated the 28th of July 1956 removing the petitioner from the membership of the Municipal Board and further to issue a writ of mandamus commanding the opposite parties not to interfere with the petitioner's right of membership.
(2.) This petition was filed on the 16th of August 1956. Notices were issued to the opposite parties who are the State of Uttar Pradesh and the President, Municipal Board, Mawana, district Meerut. A counter-affidavit has been filed on behalf of the opposite party No. 2. In the counter-affidavit filed on behalf of the State it is stated that a number of complaints were received by the Government stating that the applicant had been abusing his position as a member of the Municipal Board, Mawana. It is then stated that the Sanitary Inspector made a report that the constructions which proposed to be made by Sri Shamshad Husain involved encroachment on the Municipal land. The petitioner made an inspection on the 22nd of October 1954. In his original report he stated that the chabutara of Sri Shamshad Husain was clearly an encroachment and he should not be granted any permission; but subsequently he tampered with his report so that it may read as if in the petitioner's opinion the disputed chabutara involved no encroachment and permission may be accorded. The President of the Board while forwarding the explanation of the petitioner remarked as follows: "Sri Shamshad Husain applied on 9-10-1954 for permission to construct walls towards north and east and one 4' chabutara towwa was made ka so as to be read out a thik and the word na italicised No. 3 was also cut out."
(3.) It is asserted in the counter-affidavit that complaints were received by the Government against the petitioner on which enquiries were made by the local authorities and after consideration of the reports submitted by the local authorities it was thought desirable to frame charges against the petitioner. The petitioner was duly served with the charges and he was asked to submit his explanation which he did. The State Government after duly considering the entire materials on the record including the explanation of the petitioner and on being satisfied that in its opinion the petitioner had so flagrantly abused his position as a member of the Board as to render his continuance as a member detrimental to the public interest removed him from the membership of the Board.;