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 parties.

4. On considering the application for impleadment, we do not find the applicants necessary parties to be impleaded in the writ petition, but we allow them an opportunity of hearing as intervener.

5. Learned counsel for the petitioner has drawn the attention of the Court to various amendments made in Section 48.

6. Learned counsel for the petitioner argued that Section 48(2), as stood prior to the amendment of 2004, which came into force on 27.2.04, did not contain any provision for cessation of administrative and financial powers of the Adhyaksha.

7. A new provision of sub-section (2-A) was added by U.P. Act No. 6 of 2004, which provided as under :

“(2-A) Where in an inquiry held by such person and in such manner as may be prescribed, if a President or a Vice-President is prima facie found to be guilty on any of the grounds referred to in sub-section (2), he shall cease to exercise, perform and discharge the financial and administrative powers, functions and duties of the President or the Vice-President, as the case may be, which shall, until he is exonerated of the charges mentioned in the show-cause notice issued to him under sub-section (2), be exercised and performed by the District Magistrate or by an officer nominated by him not below the rank of the Deputy Collector.”

8. Later on aforesaid sub-section (2-A) was omitted by amendment of U.P. Act No. 2 of 2005, which received the assent of the Governor on March 16,

2005 and was published in the U.P. Gazette, Extraordinary, Part-2 on 17th

March, 2005. A new proviso in sub-section (2) was inserted in place of the then existing provision of Section 2-A, which is the present provision which reads as under :

“Provided that where the State Government has reason to believe that the allegations do not appear to be groundless and the President is prima facie guilty on any of the grounds of this sub-section resulting in the issuance of the show cause notice and proceedings under this sub-section he shall, from the date of issuance of the show cause notice containing charges, cease to exercise, perform and discharged (sic discharge) the financial and administrative powers, functions and duties of the President until he is exonerated of the charges mentioned in the show cause notice issued to him under this sub-section and finalization of the proceedings under sub-section (2-A) and the said powers, functions and duties of the President during the period of such ceasing, shall be exercised, performed and discharged by the District Magistrate or an officer nominated by him not below the rank of Deputy Collector.”

9. It may be relevant to mention here that sub-section (2-A) which originally existed in Section 48, and is still on the Statute, provided that after considering any explanation that may be offe