Prakash Shrtvastava. J.

( 1. ) BYthis writ petition, petitioner has challenged the order dated 6th June, 2 J08 passed by the Principal Secretary, Department of Urban Administration and Development, Government of Madhya Pradesh, Bhopal in exercise of the powers under Section 41-A of the M. P. Municipalities Act, 1961 (for short "the Act") removing the petitioner from the post of the President, Municipality Nagda and debarring him from contesting the election for a period of next 5 years.

( 2. ) Petitioner was elected as President of the Municipality Nagda in the election held on 04.11.2005. He was elected as an independent candidate; whereas in the election of Councilors for 36 Wards, 27 seats were won by the Bhartiya Janta Party, 7 by Indian National Congress and 2 by independent candidates. On the complaint of some of the Councilors, the Minister, Urban Administration and Development Department had got the enquiry conducted through the Secretary of the Department who submitted the ex- parte Enquiry Report on 5th September, 2005. The State Government issued show-cause notice dated 10th October, 2005 to the petitioner Jo Jemove him from the post of the President under Section