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1992 Supreme(All) 436

S.D.AGARWALA, M.KATJU
SURINDER PRAKASH GOEL – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates Appeared:
RAVI KANT CHADHA

M. KATJU, J.

( 1 ) THE petitioner was elected President of Municipal Board, Ghaizabad in February, 1989. He belongs to the Congress-I party and it is alleged that ever since he assumed office attempts have been made by members of other parties to remove him from the office of President. It is alleged that one Sri K. C. Tyagi, Member of Parliament, who belongs to the Janta Dal and had animosity against the petitioner, made repeated efforts to dislodge the petitioner from office. Hence he initiated a no-confidence motion against him, but it failed. Thereafter Sri. Tyagi wrote a letter to the then Chief Minister, Sri Mulayam Singh Yadav, true Copy of which is Annexure 1 to the writ petition. On the basis of this letter, the Chief Minister directed the Commissioner, Meerut Division, Meerut to hold an enquiry and the Commissioner appointed the Additional District Magistrate (City), Ghaziabad to hold an enquiry who held an enquiry and found the petitioner to be innocent. True copy of the report of the Addl. District Magistrate is Annexure 2 to the writ petition.

( 2 ) THEREAFTER, the State Government issued notice under S. 48 (2) of the U. P. Municipalities Act (hereinafter referred to a






























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