- (1.) HEARD Sri Shailendra, learned Counsel appearing on behalf of the petitioner, learned Standing Counsel for respondents No. 1,2,3,4 and 6, Sri Ranjan Srivastava for respondent No. 5 and Sri U. K. Saxena, learned Counsel for respondent No. 7.
(2.) THE petitioner, who is the President of Nagar Palika Parishad, Ahraura, district Mirzapur, which is a Municipal Board constituted under the Uttar Pradesh Municipalities Act, 1916 (in short "act of 1916"), approached this Court by means of present writ petition under Article 226 of the Constitution of India seeking prayer to quash the order dated 19th December, 2007, a copy whereof is annexed as Annexure-'20' to the writ petition, whereby the State Government in purporting exercise of power under sub-section (2) of section 48 of 'act of 1916' has passed the order ceasing the financial and administrative power of the petitioner, pending enquiry in the matters of charges levelled against the petitioner.
(3.) LEARNED Counsel for the petitioner submits that proviso to section 48 (2) of 'act of 1916', which is reproduced below, contemplates a preliminary enquiry before passing of the order of seizure of the financial power and since no enquiry, what to say preliminary enquiry has been conducted to the knowledge of the petitioner the order, whereby the financial power has been ceased, impugned in this writ petition deserves to quashed by this Court. "48. Removal of President. (1 ). . . . . . . . . . . . . . . . (2) Where the State Government has, at any time, reason to believe that- (a) there has been a failure on the part of the President in performing his duties, or (b) the President has- (i) incurred any of the disqualifications mentioned in section 12-D and 43-AA; or (ii) within the meaning of section 82 knowingly acquired or continued to have, directly or indirectly or by a partner, any share or interest, whether pecuniary or of any other nature, in any contact or employment with, by or on behalf of the [municipality]; or (iii) knowing acted as a President or as a member in a matter other than a matter referred to in clauses (a) to (g) of sub-section (2) of section 32, in which he has, directly or indirectly, or by a partner, any share or interest whether pecuniary or of any other nature, or in which he was professionally interested on behalf of a client, principal or other person; or (iv ). . . . . . . . . . . . . . . . . . . (v ). . . . . . . . . . . . . . . . . . . (vi ). . . . . . . . . . . . . . . . . . . (vii ). . . . . . . . . . . . . . . . . . (viii ). . . . . . . . . . . . . . . . . (ix ). . . . . . . . . . . . . . . . . . . (x ). . . . . . . . . . . . . . . . . . . (xi ). . . . . . . . . . . . . . . . . . . (xii ). . . . . . . . . . . . . . . . . . . (xiii ). . . . . . . . . . . . . . . . . . (xiv ). . . . . . . . . . . . . . . . . . . (xv ). . . . . . . . . . . . . . . . . . . . . (xvi ). . . . . . . . . . . . . . . . . . . . (xvii ). . . . . . . . . . . . . . . . . . . It may call upon him to show cause within the time to Be specified in the notice why he should not be removed from office : provided that where the State Government has reason to believe that the allegations do not appear to be groundless and the President is prima facie guilty on any of the grounds of this sub-section resulting in the issuance of the show-cause notice and proceedings under this subsection he shall, from the date of issuance of the show-cause notice containing charges, cease to exercise, perform and discharge the financial and administrative powers, functions and duties of the President until he is exonerated of the charges mentioned in the show-cause notice issued to him under this sub-section ad finalization of the proceedings under sub-section (2-A) and the said powers, functions and duties of the President during the period of such ceasing, shall be exercised, performed and discharged by the District Magistrate or an officer nominated by him not below the rank of Deputy Collector. ";