Hon’ble Devi Prasad Singh, J.—

INDEX

Sl. No. Particulars Page No.

1 Facts, Constitutional and Statutory Provisions 1-15

2 (I) Voter List 16-25

3 (II) Duration 26-34

4 (III) Whether the term of municipality may be 35-37

extended beyond five years in absence of election

5 (IV) Object and reasons 38-42

6 (V) Legislative Field 43-53

7 (VI) Legislative competence 54-65

8 (VII) The legislature cannot delegate their 66-71

essential function

9 (VIII) Duty of the election Commission and of 72-96

the State Government

10 (IX) Vacuum 97-99

11 (X) Order 100-101

Present writ petition under Article 226 of the Constitution of India has been preferred to declare ultra vires the U.P. Act No. 23 of 2005, contained in Annexure 4 to writ petition No. 11226(M/B) of 2011 and also direct the respondents not to interfere with the functioning and discharging of duty by the petitioners till the election to the municipality in question is held in accordance with law.

By the impugned Act No. 38 of 2006, under Section 1A, the first meeting has been defined as the meeting held for taking the oath of office.

2. The petitioners are the Chairman and Member of Municipal Council constit