Section 48(2) in The U.P. Municipalities Act, 1916
(2)Where the State Government has, at any time, reason to believe that, -(a)there has been a failure on the part of the President in performing his duties; or(b)die President has -(i)incurred any of the disqualifications mentioned in Sections 12-D and 43-AA; or(ii)within the meaning of Section 82 knowingly acquired or continued to have, directly or indirectly or by a partner, any share or interest, whether pecuniary or of any other nature, in any contract or employment with by or on behalf of the [Municipality] [Substituted by U.P. Act No. 12 of 1994.]; or(iii)knowingly acted as a President or as a member in a matter other than a matter referred to in clauses (a) to (g) of subsection (2) of Section 32, in which he has, directly or indirectly or by a partner, any share or interest whether pecuniary or of any other nature, or in which he was professionally interested on behalf of a client, principal or other person; or(iv)being a legal practitioner acted or appeared in any suit or other proceeding on behalf of any person against the [Municipality] [Substituted by U.P. Act No. 12 of 1994.] or against the State Government in respect of nazul land entrusted to the management of the [Municipality] [Substituted by U.P. Act No. 12 of 1994.] or against the State Government in respect of nazul land entrusted to the management of the [Municipality] [Substituted by U.P. Act No. 12 of 1994.], or acted or appeared for or on behalf of any person against whom a criminal proceeding has been instituted by or on behalf of the [Municipality] [Substituted by U.P. Act No. 12 of 1994.]; or(v)abandoned his ordinary place of residence in the municipal area concerned; or(vi)been guilty of misconduct in the discharge of his duties; or(vii)[ during the current or the last preceding term of the] [Substituted by of U.P. Act No. 41 of 1976.] [Municipality] [Substituted by U.P. Act No. 12 of 1994.], acting as President or [* * *] [Omitted by U.P. Act No. 49 of 2007.], or as Chairman of a Committee, or as member or in any other capacity whatsoever, whether before or after the commencement of the Uttar Pradesh Urban Local Self-Government Laws (Amendment) Act, 1976, so flagrantly abused his position, or so wilfully contravened any of the provisions of this Act or any rule, regulation or bye-law, or caused such loss of damage to fund or property of the [Municipality] [Substituted by U.P. Act No. 12 of 1994.] as to render him unfit to continue to be President; or(viii)been guilty of any other misconduct whether committed before or after the commencement of the Uttar Pradesh Urban Local Self-Government Laws (Amendment) Act, 1976 whether as President or as [* * *] [Omitted by U.P. Act No. 49 of 2007.], exercising the powers of President, or as [* * *] [Omitted by U.P. Act No. 49 of 2007.], or as member; or(ix)[ caused loss or damage to any property of the municipality; or [Inserted by U.P. Act No. 22 of 2001, Section 3(a) (w.e.f. 5.10.2001).](x)misappropriated or misused of Municipal found; or(xi)acted against the interest of the municipality; or(xii)contravened the provisions of this Act or the rules made thereunder; or(xiii)created an obstacle in a meeting of the municipality in such manner that it becomes impossible for the municipality to conduct its business in the meeting or instigated someone to do so; or(xiv)wilfully contravened any order or direction of the State Government given under this Act; or(xv)misbehaved without any lawful justification with the officers or employees of the municipality; or(xvi)disposed of any property belonging to the municipality at a price less than its market value; or(xvii)encroached, or assisted or instigated any other person to encroach upon the land, building or any other immovable property of the municipality;]it may call upon him to show cause within the time to be specified in the notice why he should not be removed from office.[Provided that where the State Government has reason to believe that the allegations do not appear to be groundless and the President is prima facie guilty on any of the grounds of this sub-section resulting in the issuance of the show-cause notice and proceedings under this sub-section he shall, from the date of issuance of the show-cause notice containing charges, cease to exercise, perform and discharge the financial and administrative powers, functions and duties of the President until he is exonerated of the charges mentioned in the show-cause notice issued to him under this sub-section and finalization of the proceedings under sub-section (2-A) and the said powers, functions and duties of the President during the period of such ceasing, shall be exercised, performed and discharged by the District Magistrate or an officer nominated by him not below the rank of Deputy Collector] [[Inserted by U.P. Act No. 2 of 2005 (w.e.f. 27.02.2004).Validation. - Anything done or any action taken under the principal Act as amended by the Uttar Pradesh Municipalities (Amendment) Act, 2004 shall be deemed to have been done or taken under this Act as if this Act were in force at all material times. (Vide U.P. Act No. 2 of 2005).]].[* * *] [[(2A) Omitted by U.P. Act No. 2 of 2005. Sub-section (2-A) (as Inserted by U.P. Act No. 6 of 2004). Prior to omission, it stood as under :'(2-A) Where in an inquiry held by such person and in such manner as may be prescribed, if a President or a [* * *] is prima facie found to be guilty on any of the grounds referred to in sub-section (2), he shall cease to exercise, perform and discharge the financial and administrative powers, functions and duties of the President or the Vice-President, as the case may be, which shall, until he is exonerated of the charges mentioned in the show cause notice issued to him under sub-section (2), be exercised and performed by the District Magistrate or by an officer nominated by him not below the rank of the Deputy Collector.']][* * *] [Proviso omitted by Section 3(b) of U.P. Act No. 22 of 2001 (w.e.f. 5.10.2001).]
