1. The petitioner, elected President of Municipal Council Shivpuri has filed this petition questioning the tenability and validity of the order Annexure P-l dated 13.9.2002 passed by the State Government in exercise of its powers under section 41A of the Madhya Pradesh Municipalities Act, 1961 removing him from office.

2. It is the case of the petitioner that he was elected as President of the Council on 27.12.1999, he took charge of the Office on 4.1.2000 and since then had been discharging the duties when by the impugned order he has been removed.

3. It is averred by the petitioner that prior to him one Smt. Krishna Gupta was President of the Municipal Council, during her tenure a resolution was passed by the Council for the purpose of laying down roads with asphalt, the Council sanctioned the bid, invited tender's and contract was given for construction of Ashpalt road on hotmix method. It is averred in the petition that for the said purpose a sum of Rs. 24 lacs was sanctioned vide resolution No. 13 dated 20.1.1998. Under this resolution work was started and work up to the tune of Rs. 11 lacs was completed when certain objections with regard to the aforesaid construction w