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2011 Supreme(All) 607

F. I. REBELLO, VINEET SARAN
ABDUL AZIZ ANSARI – Appellant
Versus
STATE OF U. P. – Respondent


JUDGMENT

By the Court.—The petitioner was elected as President of Nagar Palika Parishad, Kairana, Muzaffar Nagar and took charge of the said office on 16.11.2006. The term of office of the petitioner is five years. In the preceding five years term also, the petitioner was elected and functioned as President of Nagar Palika Parishad. On 20.1.2009, a complaint was lodged by the two members of the Nagar Palika Parishad, which related to the business of the Parishad conducted during the term prior to 2006 as well as for the current term. On 27.8.2009, the petitioner was issued a show cause notice by the State Government as to why the petitioner may not be removed from the office of the President under Sections 48(2)(a) and (b)(vi)(xi)(xiv) of the Municipalities Act, 1916 (hereinafter referred to as the ‘Act’). By the said order itself, the financial and administrative powers of the petitioner were ceased under the proviso to Section 48 of the Act. The petitioner thereafter submitted his detailed pointwise reply to the respondent No. 1 on 11.9.2009. Since no order was passed, the petitioner filed a writ petition No. 48338 of 2009 challenging the ceasure of his financial and administrativ











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