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2005 Supreme(All) 908

B.S.CHAUHAN, DILIP GUPTA
Munna Lal Gupta Chairman, Nagar Panchayat, Shri Lakhan Lal Gupta – Appellant
Versus
State of U. P. through Chief Secretary, U. P. Urban Development Anubhag – Respondent


Advocates:
K.S.RATHORE, M.B.SAXENA, S.N.Singh, SOM PRAKASH PANDEY, V.K.KUSHWAHA, VIKAS SAGAR,

B. S. CHAUHAN, J.

( 1 ) THIS writ petition has been filed for quashing the order dated 18. 2. 2005 (Ann. 8), by which the petitioner has been removed from the post of Adhyaksh, Nagar Panchayat, Sirathu, Kaushambi.

( 2 ) THE facts and circumstances giving rise to this case are that petitioner was elected as a chairman of Nagar Panchayat, Sirathu in the year 1995 and he completed his tenure of five years upto October 2000. He was again elected in November, 2000 as Adhyaksh, Nagar Panchayat, sirathu, Kaushambi. Certain complaints of irregularities and corruption against him were filed in september 2001 before the National Human Rights Commission, wherein an enquiry was held and the report dated 31. 5. 2001 (Ann.-1) was submitted to the Commission. Most of the allegations made in the complaint were found baseless. The petitioner received a show cause notice along with a charge-sheet dated 1. 9. 2003 in respect of irregularties committed by him and he was directed to file the reply to the same. After receiving the said charge-sheet, petitioner submitted his reply before the respondent No. 2 on 7. 10,2003. In view of the amendment made in section 48 of U. P. Municipalities Act, 1916 (her





























































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