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2016 Supreme(All) 178

KRISHNA MURARI, RAGHVENDRA KUMAR
BABITA KASAUDHAN – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Pratap Gupta and Manish Goyal for the Petitioner; Chandra Shekhar Singh, R.N. Pandey, Tripathi Bhool Gaya Bhai and Y.K. Srivastava for the Respondents.

JUDGMENT

Hon’ble Krishna Murari, J.—Petitioner, an elected Chairman of the Nagar Panchayat, Shohratgarh, District Siddharth Nagar, has approached this Court challenging the show-cause notice issued by respondent No. 1 dated 15.10.2015 in exercise of the powers conferred by Section 48 (2) of the U.P. Municipalities Act, 1967 (hereinafter referred to as the ‘Act’) as to why she may not be removed from the elected post. The financial and administrative powers were also ceased during the pendency of the proceedings for removal.

2. We have heard Shri Manish Goyal, learned counsel for the petitioner and Shri Ashok Kumar Pandey, learned Additional Advocate General assisted by S/Shri Y.K. Srivastava and R.N. Pandey for the State respondents.

3. With the consent of learned counsel for the parties, we have proceeded to hear the petition on merits and decide the same at this stage.

4. Undisputed facts are as follows.

5. Certain complaints were made against the petitioner alleging irregularities in grant of contractual work by Nagar Panchayat resulting into financial loss, which were inquired into through a committee consisting of Sub Divisional Magistrate, Naugarh and Executive Engineer, Provi



































































































































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