WRIC/10829/2025 of GUDIYA DEVI Vs STATE OF U.P. THRU. PRIN. SECY. URBAN DEVELOPMENT LKO AND 4 OTHERS on 10 November 2025

1. Heard learned counsel for the petitioner, learned Standing Counsel for the State Respondents and Sri Ram Kumar Singh, learned counsel for the respondent no. 4.

2. This petition has been filed with the following main prayers:- "1. To issue a writ, order or direction in the nature of mandamus commanding the opposite party no. 1 to immediately remove opposite party no. 5 from the post of Chairman Nagar panchayat Achalganj District-Unnao in pursuance of show cause notice dated 03.04.2025 and inquiry report dated 15.06.2024 (true copy of inquiry report dated 15.06.2024 and show cause notice dated 03.04.2025 are contained in ANNEXURE-1 & 2 respectively), in accordance with Section-48 of The Uttar Pradesh Municipalities Act 1916.

2. To issue a writ, order or direction in the nature of mandamus commanding the opposite party no. 1 to immediately cease financial and administrative powers of opposite party no. 5 who is working as Chairman Nagar panchayat Achalganj District-Unnao in pursuance of show cause notice dated 03.04.2025 and inquiry report dated 15.06.2024 (true copy of inquiry report dated 15.06.2024 and show cause notice dated 03.04.2025 are contained in ANNEXURE-1 & 2 respectively), in accordance with Section-48 of The Uttar Pradesh Municipalities Act Versus Counsel for Petitioner(s) : Rakesh Kumar Agarwal, Anupriya Agarwal, Saksham Agarwal Counsel for Respondent(s) : C.S.C., Ram Kumar Singh Gudiya Devi .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Urban Development Lko And 4 Others .....Respondent(s)

1916."

3. It has been submitted by the learned counsel for the petitioner that the petitioner is an elected Member of Ward No.1 Lohcha Nagar Panchayat Achalganj, District Unnao. The opposite party no.5, Smt. Laxmi Verma is the elected Chairman of Nagar Panchayat Achalganj, District Unnao. Members of the Nagar Panchayat Achalganj have made several complaints against the respondent no. 5 regarding corruption and embezzlement. An Inquiry Committee has also submitted its report on 15.06.2024 finding the respondent no.5 guilty of serious misconduct. The District Magistrate has forwarded the said inquiry report to the Director, the respondent no.2. On the basis of the inquiry report, a show cause notice has been issued on 03.04.2025 to the respondent no.5. In the said show cause notice mention has been made of proposed action being taken under Section 48 of the Uttar Pradesh Municipalities Act, 1916. Till date no decision has been taken after issuance of show cause notice, hence this petition has been filed with the aforesaid prayers.

4. The writ petition is disposed of, without expressing any opinion with regard to the culpability or otherwise of the respondent no.5, with a direction to the respondent no.1 to take an appropriate decision on the inquiry report and show cause notice as aforesaid after considering the reply of the respondent no.5 within a period of two months from the date a copy of this order is produced before him. November 10, 2025 Darpan Sharma WRIC No. 10829 of 2025 2 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- DARPAN SHARMA High Court of Judicature at Allahabad, Lucknow Bench