1. The petitioner was elected President of Nagar Panchayat, Badi which is a local authority constituted under M.P. Municipalities Act, 1961 (hereinafter referred to as 'the Act').

2. She was served with a show cause notice under Section 41- A of the Act (Annex. P.1) proposing her removal from the office of President on the alleged• misconduct and irregularities committed by her in discharge of her duties. She submitted a reply to the show cause notice and tried to meet each and every charge or allegations made against her. After her reply, by the impugned order dated 1.4.98 (annex. P.10) she has been removed from the office of President against which this petition under Article 226 of the Constitution of India has been filed.

3. Section 41-A under which the impugned action has been taken was introduced in the Act by amendment Act No. 18/97 w.e.f 21.4.97 and provision reads as under:

"41-A. Removal of President or Chairman of (1) The State Government may, at any time, remove a President, Vice President or a Chairman of a Committee, of his continuance as such is not, in the opinion of the State Government desirable in public interest or in the interest of the Council or if it is found that he is incapable of performing his duties or is working against the provisions of the Act or any rules made there under.

(2) The- State Government may, while ordering the removal under sub-Section (1), also order that such President, Vice President or Chairman of any Committee shall be disqualified to hold such post for the next term:

Provided that no such order under this Section shall be passed unless a reasonable opportunity of being heard is given."

4. From the provision quoted above it is noteworthy that it confers any extra ordinary and over riding power on the State Government to remove an elected office bearer if a local authority or committee under it on formation of an opinion that continuance of such office bearer is "not desirable in public interest" or "in the interest of council" or that he "is incapable of performing his duties or is working against the provisions of the Act or any Rules" made there under. Similar power of removal of a councillor is vested in the Collector under Section 41 of the Act against which there is an appeal provided. For taking action under Section 41-A of removal of President, Vice President or Chairman of any Committee, power is conferred on the State Government with no provision of any appeal. The action of removal casts a serious stigma on the personal and public life of the concerned office bearer and may result in his disqualification to hold such office for the next term. The exercise of power, therefore, has serious civil consequences on the status of an office bearer. The nature of power is such that it has to be exercised on an opinion objectively formed by the State Government. The misconduct or incapacity of the office bearer should be of such magnitude as to make his continuance undesirable in the "interest of council" or "in public interest". There are no sufficient guidelines in the provisions of Section 41-A as to the manner in which the power has to be exercised, except that it requires that reasonable opportunity of hearing has to be afforded to the office bearer proceeded against. Keeping in view the nature of the power and the consequences that flow on its exercise it has to be held that such power can be invoked by the State Government .only for very strong and weightily reason. Such a power is not to be exercised for some trivial or minor irregularities in discharge of duties by the holder of the elected post. The material or grounds on which the action is taken should be such as to justify the exercise of drastic power of removal of the office bearer with consequence of his disqualification for another term. The provision has to be construed in a strict manner because the holder of office occupies it by election and he is deprived of the office by an executive order in wh