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2022 Supreme(All) 1277

MANOJ KUMAR GUPTA, JAYANT BANERJI
Anju Agarwal – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Vivek Mishra.
For the Respondents: Arvind Prabodh Dubey, Atul Tej Kulshrestha, Nipun Singh.

JUDGMENT :

1. Heard Shri Shashi Nandan, learned Senior Counsel assisted by Shri Vivek Mishra, for the petitioner, Sri M.C. Chaturvedi learned Additional Advocate General, for the State Respondent, Shri Anurag Khanna, learned Senior counsel assisted by Shri Nipun Singh, for Intervenor and Shri Atul Tej Kulshrestha, learned counsel for respondent nos. 5 and 6.

2. The petitioner is challenging the order dated 10.10.2022 by which she has been removed from the office of President of Nagar Palika Parishad, Muzaffar Nagar. The order has been passed by respondent no. 1 in exercise of power under section 48 of the U.P. Municipalities Act, 1916 (hereinafter referred to as the Act).

3. Initially, an order was passed on 19.07.2022 ceasing the financial power of the petitioner, pending inquiry in relation to charges of irregularities in award of contract, defalcation of accounts, failure to perform duties attached to her post and causing damage to the property of municipality. The said order was subjected to challenge by the petitioner in Writ (C) No. 24233 of 2022 on the ground that the explanations submitted by her on 2.5.2022 and 8.7.2022 in response to show cause notice dated 28.03.2022 were n

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