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2009 Supreme(All) 451

VEDPAL, PRADEEP KANT
MAMTA KANNAUJIA – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
S.K. Kalia, Dr. L.P. Misra, Upendra Nath Misra and Akhilesh Kalra for the Petitioners; Jaideep Narain Mathur, D.K. Upadhyaya and Anuj Kuddesia for the Respondents.

JUDGMENT

Hon’ble Pradeep Kant, J.—Heard the learned Counsel Shri S.K. Kalia, Senior Advocate, Dr. L.P. Misra, Sri Upendra Nath Misra and Sri Akhilesh Kalra for the petitioners and Sri Jai Deep Narain Mathur, Sri D.K. Uppadhyaya and Sri Anuj Kuddesia for the respondents.

2. This is a bunch of writ petitions which initially challenged the vires of U.P. Panchayat Laws (Amendment) Ordinance, 2007 ( U.P. Ordinance No. 26 of 2007), but later on, since the aforesaid Ordinance was converted into an Act namely; U.P. Panchayat Laws (Amendment) Act, 2007 (hereinafter referred to as the Act, 2007) (U.P. Act No. 44 of 2007), the petitions were accordingly amended and challenge has been made to the aforesaid Act, 2007.

3. It may be stated at the outset that while challenging the Ordinance various pleas including the plea of mala fide in introducing the amendment in question, in the U.P. Kshettra Panchayat and Zila Panchayat Adhiniyam, 1961 (hereinafter referred to as the Act, 1961) were taken, saying that the entire amendment has been made with a mala fide design, immediately after the general elections of the Assembly, when the new ruling party (Bahujan Samaj Party) came into power on 13th May,



































































































































































































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