Court No. - 38
Case :- WRIT - C No. - 20273 of 2018 Petitioner :- Parveen Muslim Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- J.P. Singh,Sri Ashok Khare (Sr. Advocate) Counsel for Respondent :- C.S.C.,Jai Bahadur Singh
Hon'ble Abhinava Upadhya,J. Hon'ble Abhai Kumar,J.
Sri Jai Bahadur Singh learned counsel states that he does not represent any of the parties and his name has wrongly been shown in the list.
Heard Sri J.P. Singh, learned counsel for the petitioner and the learned Standing Counsel appearing for the State-respondents.
By means of this writ petition the petitioner Parveen Muslim claims herself to be President of Nagar Palika Parishad, Kakrala, Budaun has come to this court to issue direction to the District Magistrate not to interfere in the functioning of the Bank Account of Nagar Palika Parishad, Kakrana, Budaun and further to direct not to interfere in the functioning of the petitioner as President of Nagar Palika, Parisahd, Kakarala, Budaun.
It is submitted that the District Magistrate issued show cause notice on 13.4.2018 as to why action be not taken against the petitioner for appointing Mohammad Shamshad Khan, Head Clerk of the municipality as officiating Executive Officer.
It is submitted that the Executive Officer of the Nagar Palika Parishad belonging to Centralized Services, was transferred to the present Nagar Palika and joined on 5.2.2018. Thereafter he went on leave from 27.3.2018 upto 31.5.2018. For day to day work of the Nagar Palika, the Nagar Palika by resolution No. III(1) on 10.4.2018 in exercise of the power conferred to it under Section 59 of the Municipalities Act appointed Mohammad Shamshad Khan, Head Clerk, as interim Executive Officer and communication was sent to the District Magistrate on 13.4.2018 but the District Magistrate without authority of law has put embargo on the Nagar Palika to operate its bank account, reasons in the order of the District Magistrate against the resolution appointing Executive Officer is that there is no communication or intimation of sanction of leave to the earlier Executive Officer from 27.3.2018 upto 31.5.2018 and if such leave is not there then there is no vacancy upon which interim Executive Officer could be appointed. Therefore, Mohammad Shamshad Khan cannot operate account and has referred the matter to the State Government.
It is to be noted that earlier Executive Officer duly appointed being member of the Centralized Services is retiring on 31.5.2018 and therefore, Nagar Palika cannot function without the Executive Officer.
Learned counsel appearing for the petitioner Sri J.P. Singh submits that against the order of the District Magistrate they have already represented before the State Government on 1.5.2018, but the representation has not been decided so far.
Sri J.P. Singh, learned counsel for the petitioner submits that there is no authority with the District Magistrate to pass such order. Although he has the power to stop the execution of such resolution if it is against the law. He further submits that such resolution was in public interest and only on account of proper functioning of Nagar Palika officiating Executive Officer has been appointed that too for a period of less then two months and President of the Nagar Palika Parishad has power under Section 59 to pass such order.
We have considered the submission of the learned counsel for the petitioner as well as learned Standing Counsel and we are of the view that since the matter has already been referred to the State Government and indeed there must be difficulty in operation of the functions of the Nagar Palika Parishad, without any Executive Officer or even without any officiating Executive Officer, therefore, the State Government is directed to take necessary decision in the matter within 15 days from the date a certified copy of this order is produced before him or appoint a regular Executive Officer in the said Nagar Palika Parishad.
With these observations, the petition is finally disposed of.
Order Date :- 30.5.2018 N.A.
(Abhai Kumar,J.) (Abhinava Upadhya,J.)