Hon’ble Yatindra Singh, J.—A president of a municipality can be removed for misconduct under Section 48 of the UP Municipalities Act, 1916 (the Municipalities Act). He ceases to exercise, perform, and discharge the financial and administrative powers and functions (in short ‘ceases to exercise financial and administrative powers’) the moment a show-cause notice is issued against him satisfying the conditions under proviso to sub-section 2 of Section 48 {Section 48(2)} of the Municipalities Act. The main question involved in this reference revolves around the right of the president before such a notice is issued against him:

Is he entitled to an opportunity, before issuing such a show-cause notice?

If it is necessary then, what is its extent?

THE FACTS

2. The nagar panchayats in our State are governed under the Municipalities Act. The petitioner was elected Chairman/ president of Nagar Panchayat Dasna, district- Ghaziabad (the Nagar Panchayat) on 31.10.2006.

3. The bye-laws of the Nagar Panchayat for collection of parking fees were already proposed on 31.12.2001. They were approved and notified on 21.3.2007 after the petitioner was elected its president.

4. The auction notice for