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1982 Supreme(All) 132

K.C.AGRAWAL, A.S.SRIVASTAVA
NAGENDRA NATH SINGH – Appellant
Versus
STATE OF U. P – Respondent


Advocates Appeared:
Nikhil Chandra

( 1 ) THIS petition filed under Article 226 of the Constitution challenges the validity of Section 2 of u. P. Kshettra Samitis and Zilla Parishads (Amendment) Ordinance, 1981, (U. P. Ordinance 26 of 1981), (hereinafter referred to as Ordinance 26 of 1981 ). This Ordinance was promulgated by the Governor on 14th Dec. 1981, on being satisfied that the circumstances existed which rendered it necessary for him to take immediate action.

( 2 ) THE main challenge before us in this petition was that of (validity of?) Section 2 of the ordinance, which amended Section 6 of U. P. Kshettra Samitis and Zilla Parishads Adhiniyam 1961, (hereinafter (referred) to as the Adhiniyam) Section 2 of the Ordinance is reproduced below.

"2. In Section 6 of the Uttar Pradesh Kshettra Samitis and Zilla Parishads Adhiniyam, 1961 hereinafter referred to as the principal Act. (a) in Sub-section (1), after clause (v) the following clause shall be inserted, namely (vi) Such persons as are nominated (sic) with the provisions of Sub-section (2 ). "

(b) for Sub-section (2), the following sub-section shall be substituted, namely. " (2) The State Government shall in the manner prescribed, nominate the following as memb




























































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