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1993 Supreme(SC) 160

N.M.KASLIWAL, YOGESHWAR DAYAL
Om Narain Agarwal: Bashiran – Appellant
Versus
Nagar Palika, Shahjahanpur: State Of U. P. – Respondent


Advocates:
ANIS SUHRAVARDY, BAHAR U.BARQUI, D.V.Sehgal, H.K.PURI, JAMSHED BEY, R.B.MISHRA, RANI CHHABRA, RAVI KIRAN JAIN, SABIR HUSSAIN SAIF, SHAKEEL AHMAD SYED, SUNIL GUPTA, Vijay Hansaria

JUDGMENT

KASLIWAL, J.:—Special leave granted.

2. As common questions of fact and law are involved in all the above cases, as such they are disposed of by one single order. First proviso to S. 9 of the United Provinces Municipalities Act, 1916 (hereinafter referred to as the Act) provided for nomination of only one woman as a member of the Municipal Board by the State Government. Further, there was no provision permitting the State Government to cancel the nomination of such member at its pleasure. One Smt. Sarla Devi was nominated by the State Government as the sole woman member for the Shahjahanpur Municipal Board (hereinafter referred to as the Board) in January, 1989. By U.P. Ordinance No. 2 of 1990 later on succeeded by Ordinance No. 8 of 1990 and eventually replaced by U.P. Act No. 19 of 1990, the aforesaid first proviso to S. 9 of the Act was substituted by another proviso which made provision for the nomination of two women members by the State Government. Further, a fourth proviso was also added to S. 9 of the Act which provided that the nomination of the aforesaid two members was at the pleasure of the State Government. The aforesaid Ordinance No. 2 of 1990 was promulgated





























































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