SMT. SHANTI DEVI SAHU Vs. STATE OF U.P.

JUDGEMENT

(1.) Smt. Shanti Devi Sahu w/o Radhey Shyam Sahu is before this Court assailing the validity of order dated 29.12.2016 passed by the State Government wherein the State Government has proceeded to cease financial and administrative powers of the petitioner in exercise of authority conferred under sub-section 2 of Sec. 48 of U.P. Municipalities Act, 1916.

(2.) Brief background of the case is that petitioner is duly elected Adhyaksha of Nagar Panchayat Bisanda Buzurg since 08.07.2012 and has been administered oath of the office on 16.07.2012 and the first meeting of Nagar Panchayat has been held on 03.08.201

(3.) Petitioner has contended that she was elected as Bahujan Samaj Party candidate and defeated her rival Smt. Kusma Yadav w/o Raja Bhaiya Yadav, who was a Samajwadi Party candidate and as Smt. Kusma Yadav has lost the election against the petitioner, all sort of trouble is coming in her way in performing and discharging duties. Petitioner has contended that on the complaint being made, the District Magistrate, Banda purported to have conducted an inquiry and report dated 10.12.2016 was submitted. The District Magistrate, Banda thereafter submitted the said report and then a notice was issued to the petitioner on 002.2016. Petitioner submitted his reply and thereafter order impugned has been passed.