Tarun Agarwala, J.—The moot question which arises for consideration in the present writ petition is whether the removal of the petitioner as President of the Nagar Palika Parishad, Mubarakpur, District Azamgarh was in accordance with the provisions of Section 48 (2A) of the U.P. Municipalities Act, 1916.

2. A President is elected by an electorate, but he may be removed from office by the State Government on charges specified in Section 48 of the U.P. Municipalities Act, 1916 (hereinafter referred to as the ‘Act’).

3. The relevant provisions of Section 48 of the Act reads as under :

"48. Removal of President.—Where the State Government has, at any time, reason to believe that—

(a) there has been a failure on the part of the President in performing his duties, or

(b) ........................................

(viii) been guilty of any other misconduct whether committed before or after the commencement of the Uttar Pradesh Urban Local Self-Government Laws (Amendment) Act, 1976, whether as President or as Vice-President, exercising the powers of President, or as Vice-President, or as member ; or

(ix) caused loss or damage to any property of the Municipality ; or

(x) misappropriated