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2010 Supreme(All) 1475

VIJAY MANOHAR SAHAI, RAJ MANI CHAUHAN
KHALID NIZAMI @ SULLU – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Barmeshwar Nath Tiwari, H.R. Mishra and M.N. Singh for the Petitioner; Prabhakar Awasthi, W.H. Khan, Dev Pratap Singh and Pankaj Rai, Addl. C.S.C. for the Respondents.

JUDGMENT

Hon’ble Raj Mani Chauhan, J.—This writ petition under Article 226 of the Constitution of India has been filed by the petitioner Khalid Nizami @ Sullu, S/o Sheikh Mohammad Nizamuddin, R/o Yusufpur, Railway Station, District Ghazipur against the respondents State of U.P. through the Secretary, Ministry of Panchayat Raj/Local Self Government of U.P., Lucknow and 4 others for the following reliefs:

(i) Issue a writ, order or direction in the nature of mandamus declaring clause (8) of the bye-laws framed by Zila Panchayat, Ballia approved by the Commissioner Azamgarh Division, Azamgarh and published in the U.P. Gazette dated 23.8.1997 filed as Annexure No. 7 to the writ petition as ultra vires article 19(1)(g) of the Constitution of India; and ultra vires of Sec. 239(2) clause (H) sub-clause (1) of the U.P. Kshetra Panchayats and Zila Panchayats Adhiniyam 1961 and clause (xxii) of part A of Schedule-2 of the Adhiniyam 1961; and the Model bye-laws framed by the State Government vide notification dated 14.2.1995.

(ii) Issue a writ, order or direction in the nature of certiorari quashing the order dated 26.4.2003 passed by the Upper Mukhya Adhikari Zila Panchayat Ballia, in exercis





























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