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1995 Supreme(All) 635

R.S.DHAVAN, A.B.SRIVASTAVA
MANVENDRA SHAH, MEMBER OF PARLIAMENT – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates Appeared:
S.S.LINGVAL, S.Sri Yatindra Singh

RAVI S. DHAVAN, J.


( 1 ) THIS case is about a dichotomy between the law in its administration as opposed to a unanimous intention of the legislature of Uttra Pradesh in the applicability of that very law. If either of the factors were absent, there would be no occasion for the High Court to examine the issue before it.

( 2 ) THE issue has been raised in more than one writ petition before this Court. The present one is the leading case. The prayers of a like nature in other cases will be met by this judgment.

( 3 ) THE matter relates to the divisions of Kumaun and Garhwal within Uttar Pradesh. The Legislature of Uttar Pradesh has resolved that this region be known as Uttarakhand.

( 4 ) WHATEVER be the course of politics which occasioned the situation, the High Court is not concerned with it. The two Houses of the Legislature in Uttar Pradesh on two occasions passed unanimous resolutions, to the effect that the regions of Kumaun and Garhwal be identified as distinct from the rest of the State and considered to receive autonomy as a State to be known as Uttarakhand. One resolution was passed by the Houses of the State Legislature in 1991 and another in 1994.

( 5 ) ON the resolutions o






























































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