MOOTHAM, AGARWALA
LALA RAM NIWAS – Appellant
Versus
STATE OF UTTAR PRADESH, LUCKNOW – Respondent
( 1 ) THIS is a special appeal against the judgment of a learned single Judge dismissing a writ petition.
( 2 ) THE appellant was elected as the President of the Kashipur Municipal Board in the elections held in October, 1953. He continued to act as such till he was suspended from that office by an order of the Government served on him, on 1-10-1954. On 21-9-1954, two orders appear to have been passed by the Government, one was G. O. No. 289f (i)/xi-A-616/1954. This G. O. was from Shri H. L. Bhargava, Under Secretary to Government, Uttar Pradesh, to the district Magistrate, Naini Tal. It required the? District Magistrate to call upon the appellant to show cause, within two weeks of the receipt of the order, why he should not be removed from the office of the President of the board under Section 48 (2) U. P. Municipalities Act on account of the charges-set forth in an enclosed list. The enclosed list contained 11 charges. The explanation when received was to be forwarded to Government along with the District magistrates comments and definite recommendations^ and if no explanation was received by the due date the fact was to be reported to Government. The other G. O. of
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