JUDGMENT :

Jayant Banerji, J.

1. Under challenge in the present writ petition is the order dated 3.10.2022 passed by the Principal Secretary, Government of U.P., Department of Urban Development, whereby, in purported exercise of powers under the provisions of Section 48 of the U.P. Municipalities Act, 1916, [Act of 1916], the petitioner has been removed from the post of President of the Nagar Palika Parishad, Banda, District Banda.

BACKGROUND

2. The brief facts giving rise to the present case is that the petitioner contested the election held in the year 2017 for the office of the President of Nagar Palika Parishad, Banda in which he was declared elected and he assumed his office on 12.12.2017. On complaints made against the petitioner, the respondent no. 2, District Magistrate, directed an investigation and constituted a three member committee to conduct enquiry with regard to the contents in the complaint. An ex-parte enquiry was conducted by the Enquiry Committee comprising of Additional District Magistrate (Finance & Revenue), Banda, the Chief Treasury Officer, Banda and the Executive Engineer, Public Works Departments, Prantiya Khand, Banda which submitted its report dated 25/26.1