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2002 Supreme(All) 1690

RAKESH TIWARI, M.KATJU
R. S. KHAN – Appellant
Versus
STATE OF U. P. – Respondent


Advocates Appeared:
J.H.Khan, S.P.SINGH, VINOD SINHA, VINOD SWARUP, W.H.Khan, Y.K.YADAV

M. KATJU, J.

( 1 ) THIS writ petition has been filed against the impugned order dated 12. 12. 2001, Annexure-1 to the writ petition by which the petitioner has been removed by the State Government from the office of the Chairman of Nagar Palika Parishad, Khurja, Bulandshahr under Section 48 (2) (a)/ (b) of the U. P. Municipalities Act.

( 2 ) HEARD learned counsel for the parties.

( 3 ) THE petitioner was elected as Chairman of Nagar Palika Parishad, Khurja, Bulandshahr in the election held in November, 2000 and her result was declared on 26. 11. 2000 vide Annexure-2 to the writ petition. The petitioner took oath of the office on 2. 11. 2000 vide Annexure-3 to the writ petition.

( 4 ) IT is alleged in paragraph 4 of the writ petition that an agenda was circulated by the Executive officer, Nagar Palika Parishad, Khurja, on 4. 12. 2000 for convening the meeting of the municipal Board on 11. 12. 2000 in which 24 members of the Board including the petitioner were present. Two members of the Board were absent. In this meeting various resolutions were passed vide Annexure-5 to the writ petition. The minutes of the meeting dated 11. 12. 2000 were published in the newspaper dainik Diksha, B























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