The issue in controversy

Hon’ble Dr. Dhananjaya Yeshwant Chandrachud, C.J.—A Division Bench of this Court, finding itself “unable to accept the law” laid down in a decision of a Full Bench in Hafiz Ataullah Ansari v. State of U.P., 2011(3) ADJ 502 (FB), referred the following questions for determination by a larger Bench:

“(a) Whether the Full Bench judgment in the case of Hafiz Ataullah Ansari v. State of U.P. (supra) lays down the correct law;

(b) Whether in view of the language of the proviso to Section 48(2) of the U.P. Municipalities Act, there can be any proceedings for removal of the President without his financial and administrative powers ceasing, under the proviso;

(c) Whether cessation of financial and administrative powers of the President follows automatically with the issuance of a show-cause notice under Section 48 (2) calling upon him to show-cause as to why he may not be removed;

(d) Whether any separate order for cessation of financial and administrative powers of the President is required to be made while issuing a notice under the proviso to Section 48(2) or such cessation follows automatically; and

(e) Whether in view of the specific language of Section