The Allahabad High Court has quashed the order issuing showcause notice to the petitioner under Section 48 of the UP Municipalities Act.
The Division Bench of Justice Ashwani Kumar Mishra and Justice Vinod Diwakar passed this order while hearing a petition filed by Ashish Sharma.
On March 17, 2023, following order was passed in the matter:-
Showcause notice issued to petitioner under Section 48 of the UP Municipalities Act is challenged by the petitioner, who was the President of Nagar Palika Parishad, Hathras, on the ground that his term as President has come to end on 6.1.2023 and, therefore, initiation of proceedings under Section 48 for removal after expiry of the term is wholly without jurisdiction.
State Counsel prays for and is allowed two weeks’ time to obtain instructions in the matter.
List this matter as fresh once again on 3.4.2023.
Till then, no further order shall be passed in the matter.”
The Court noted that,
State counsel has obtained instructions from the State Government dated 29.03.2023, which clearly admits that the term of petitioner as President of Nagar Palika Parishad, Hathras has come to an end on 06.01.2023. The Special Secretary in his instructions has further stated that as the term of the President has come to an end, the State shall proceed only under relevant sections against the petitioner and in accordance with law.
State counsel does not dispute that since Section 48 confers power of removal, therefore, such power cannot be exercised after the term of the elected President has come to an end.
In view of the stand taken by the respondents, the Court found initiation of proceeding the Government Order dated 07.02.2023 to be wholly misconceived.
After the term of President has come to an end, no action can be taken for his removal. Proceedings for removal presupposes the existence of the office bearer as President in the office, which is not the case here.
“In such circumstances, the notice issued by the State Government under Section 48 dated 07.02.2023 cannot be sustained and is quashed. Liberty stands reserved to the State to proceed against the petitioner in accordance with law”, the order read.