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2005 Supreme(All) 2521

SAROJ BALA, R.K.AGRAWAL
ANUGRAH NARAIN SINGH – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates:
Counsel :
Ravi Kiran Jain, S.K. Verma, Rishi Chadha, Ashok Khare, Shashi Nandan and Manish Goel for the Petitioner; S.M.A. Kazmi, Addl. A.G., P.N. Rai, K.P. Singh, Siddharth Srivastava, C.S. Singh and S.C. for the Respondents.

JUDGMENT

Hon’ble R. K. Agrawal, J.—The growing tendency of the persons who are at the helm of affairs in the State and who have taken oath of office as per the forms set out in the Third Schedule, to do right to all manner of people in accordance with the Constitution and the law, to blindly follow the directions given by another authority, often lead to a situation, like the present one where a constitutional crisis may occur, which could have been avoided. In the present case, the State Government abandoned the exercise of delimitation of wards as mandated in Section 32 of the U.P. Municipal Corporation Adhiniyam, 1959 (hereinafter referred to as “the Adhiniyam”) and Section 11-A of the U.P. Municipalities Act, 1916 (hereinafter referred to as “the Municipalities Act”), by blindly following the instructions contained in letter dated 1.10.2004 sent by the Delimitation Commission as communicated by the Executive Council vide letter dated 6.10.2004, which had nothing to do with the delimitation of the wards of municipalities and was only concerned with the constituencies for election of the House of People and the Legislative Assemblies.

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