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1999 Supreme(All) 1590

I.M.QUDDUSI, D.S.SINHA
RAMA SHANKER BARNWAL – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates Appeared:
K.N.MISHRA, RAJEEV MISHRA


D. S. SINHA, J.

( 1 ) HEARD Sri Rajeev Mishra, learned counsel of the petitioner. Sri Vinay Malaviya, learned standing counsel of the State of U. P. , representing the respondent Nos. 1, 2 and 3, and Sri R. C. Dwivedi, learned counsel appearing for the respondent Nos. 4 to 9, at length and in detail.

( 2 ) BY means of this petition under Article 226 of the Constitution of India, the petitioner seeks to challenge the validity of the order dated 27th January, 1999. passed by the State Government, the respondent No. 1, a copy whereof is Annexure-6 to the petition. The impugned order, which has been passed by the respondent No. 1 in exercise of powers under Section 48 of the U. P. Municipalities Act, 1916. (hereinafter called the act), purports to remove the petitioner from the office of Chairman. Nagar Panchayat, Bhatparrani in the district of Deoria.

( 3 ) TAKING cognizance of certain complaints received by it, the respondent No. 1 formed an opinion that during the performance of his duties as Chairman, the petitioner had violated the provisions of the Act warranting action under Section 48 of the Act. It, therefore, issued notice dated 25th October, 1997 to the petitioner calling up






















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