Q.7 A How, when and in what circumstances can the State Government under section 48(2) of the Uttar Pradesh Municipalities Act, seize financial and administrative powers and functions of the President while the proceeding for his removal is pending? Discuss the case law on the point. 20 marks
Answer and Notes
Hafiz Ataullah Ansari and Paras Jain
36. The President of a Municipal Board on charges can be removed by which amongst the following?
(A) The Municipal Board by simple majority
(B) By the electorate who elected the president by simple majority
(C) By the State Government
(D) By the Commissioner of the Division
Answer and NotesAnswer is C
37. An election petition challenging election of Member of a Municipality under the Uttar Pradesh Municipalities Act, 1916 could be transferred for trial by :
(a) State Government (b) High Court
(c) Commissioner of Region concerned (d) Could not be transferred
Answer and NotesAnswer is B
Explanation: Section 43BB of UP. Municipalities Act provides for the provision relating to transfer of election petition. It provides that on the application of any party to an election petition presented under sub-section (5) of section 20 and after notice to the other parties and after hearing such of them as desire to be heard, or of its own motion, without such notice, the High Court may at any stage, -
(a) transfer an election petition pending before a District Judge for trial to any other District Judge; or
(b) re-transfer the same for trial to the District Judge from whom it was withdrawn.
47. A petition for transfer of election petition in UP Municipalities Act 1916 would lie before :
(a) State Government
(b) Prescribed Authority
(c) Commissioner of the Division
(d) High Court, if transfer is to a different district and District Judge within the district.
Answer and NotesAnswer is D
Sandeep : Section 43 BB of U.P. Municipalities Act, 1916 deals with the Election petition & transfer of petition respectively, clearly lays down that election petition shall be presented to the District Judge & the power of the High Court to transfer the election petition from one District Judge to another District Judge under provisions of the Act have been made applicable to town areas with regard to the election matter.