SUBODH ABHYANKAR,J. - (1.)This petition has been filed under Article 226 of the Constitution of India against the order dated 02.05.2015, passed by respondent no.1-Principal Secretary Department of Urban Development and Environment, Bhopal. Vide the impugned order the petitioner, who was then Chairman of the Nagar Palika Parishad, Sanwer has been debarred from contesting elections for the next five years.
(2.)The facts of the case are that the petitioner was elected as Chairman, Municipal Council, Sanwer and has remained as its President from 10.01.2005 till December, 2010. It is further submitted that when the petitioner was working as President of Municipal Council, a complaint was filed in the year 2011 before the Lokayukta and in pursuance thereof, a show cause notice dated 26.06.2013 was also issued by the respondent/Department alleging that during the relevant period, when the petitioner was President of Municipal Council, certain expenses were made without taking prior approval. A reply to the aforesaid show cause notice was submitted by the petitioner stating therein that there is no error which can be attributed against the petitioner and it was the duty of the Chief Municipal Officer to check the work of the Chairman/President, who has been appointed by the State Government and as such, no irregularities have been committed by the petitioner. It is further submitted that without taking the petitioner's rely into consideration, the respondent has passed the impugned order dated 02.05.2015.
(3.)Learned senior counsel for the petitioner has submitted that it was the duty of the C.M.O. under Section 51 as well as Section 87 of the Municipalities Act, 1961(hereinafter referred to as Act) to take care of the financial irregularities of the Municipal Council. Counsel has also referred to Section 51(c) , 35-A and Section 41-A of the Act to substantiate his submission that the impugned order has been passed without appreciating the requirement of Section 35-A of the Act Power to disqualify Ex-President, Vice-President etc. which provides that an order of disqualification may be made in respect of Ex-President if he has committed such act of commission or omission which in the opinion of the State Government would have made his continuance in such office undesirable in the interest of the public or the Municipality, but in the present case, no such satisfaction has been recorded by the concerned authority, while passing the impugned order and the order has been passed in a casual manner. It is further submitted that the petitioner has also sought certain documents to file appropriate reply to the show cause notice, but no documents were supplied to the petitioner which is also apparent from the letter dated 09.01.2014 issued by the respondent on the ground that documents are not available. Counsel has referred to the decision of the Apex Court in the case of Sharda Kailash Mittal Vs. State of M.P. reported in AIR 2010 SC 3450.