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Purushottam Chandra vs State Of Uttar Pradesh And Anr. on 2 September, 1957 cites

Hubli Electricity Co., Ltd. vs Province Of Bombay on 1 October, 1946

9. Section 40(3) of the U. P. Municipalities Act confers upon the State Government the power to remove a member. It can do so if in its opinion he has so flagrantly abused his position ax a member that his further continuance in office is against the public interest. In order to entertain an. opinion for the purposes of this sub-section the State Government must necessarily entertain a view as to whether the member acted, in relation to the conduct complained of, in his capacity as a member. This however is a question of law, and we do not think that it was the intention of the legislature that the State Government's view on that question should be final. If the State Government removes a member for misconduct unconnected with his position as a member then it has done something for which the sub-section provides no warrant, and its opinion, in the words of the judgment in the Hubli Electricity Co.'s case (C) is not such an opinion as is referred to in the section.
Bombay High Court Cites 26 - Cited by 25 - Full Document
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