By the Court.—This petition arises out of an order passed by the State Government in exercise of its powers under the First proviso to sub­section (2) of Section 48 of the U.P. Municipalities Act, 1916, by which the petitioner, who is the Chairman of Nagar Panchayat, Dasna, Ghaziabad, has been deprived of his rights to exercise the financial and administrative powers in view of the charge indicated in the show-cause notice dated 24.10.2008. In view of the decisions, which have been cited at the Bar, we are of the opinion that the questions raised in this petition and that arise out of the interpretations given by this Court in the Division Bench decisions to be referred by us hereinafter, requires an authoritative pronouncement on the questions so raised, hence this reference.

2. The facts shorn of details that have led to the filing of this petition are that the petitioner, after having been elected as Chairman, undertook the exercise of getting certain bye-laws notified, framed by the Nagar Panchayat for the purposes of levying parking fee on transport vehicles. It has been stated in the petition that previously such parking fee was realised through contractors by private