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2008 Supreme(All) 2439

PRADEEP KANT, VEDPAL
VIMLA – Appellant
Versus
STATE OF U. P – Respondent


JUDGMENT

By the Court.—Notice on behalf of respondents has been accepted by the learned Chief Standing Counsel. Since affidavits have been exchanged, we proceed to decide the writ petition on merit, after hearing the parties’ counsel.

2. This writ petition questions the validity of the show cause notice dated 26.3.08 issued by the State Government in exercise of its powers conferred under Section 48(2) of the Municipalities Act (hereinafter referred to as the Act), which show cause notice while requiring the petitioner to show cause against the charges levelled therein, also ceases her administrative and financial powers as Adhyaksha of Nagar Panchayat, Dildar Nagar, District Ghazipur. The District Magistrate has been directed to discharge the functions aforesaid either by himself or by an officer nominated by him, not below the rank of Additional District Magistrate.

3. Application for impleadment has been moved by one Mohd. Meraj Khan and Ram Dayal Paswan, who allege that on their complaint the aforesaid show cause notice has been issued resulting into cessation of exercise of administrative and financial powers of the petitioner as Adhyaksha and, therefore, they are necessary par














































































































































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