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2011 Supreme(All) 3168

AMITAVA LALA, P.K.S.BAGHEL
Ajmal Kha @ Chhote – Appellant
Versus
State of U. P. and Others – Respondent


S/Sri Shakti Dhar Dube , Neeraj Dube, Advocates, for the Petitioner. Sri S.G. Hasnain, Additional Advocate General, Sri M.C. Chaturvedi, Chief Standing Counsel, Sri. Pushpendra Singh, Addl. C.S.C. , Sri Ramanand Pandey, Advocate S.C., for the Respondents.

(Delivered by Hon’ble Amitava Lala, J.)—The writ petitioner herein claims to be the Chairman, Nagar Panchayat (Municipality), Pahasu, District Bulandshahar, Uttar Pradesh. According to him, duration of office of the Chairman and the elected body of the Nagar Panchayat will continue for a period of five years from the date of first meeting, after constitution or reconstitution of the Municipality. On 14th November, 2006 the oath of the petitioner and other elected members was administered and the first meeting of the elected body was held on 23rd January, 2007. Therefore, five years’ period will be counted from 23rd January, 2007 but not from the date when the oath was administered i.e. 14th November, 2011. According to the petitioner, the State respondents are interfering with the work of the Nagar Panchayat under the Chairmanship of petitioner and the respondent no. 2 has appointed the respondent no. 3 as Administrator of the Nagar Panchayat. In this background, the petitioner has made this writ petition with the following prayers:

“(A)issue a writ, order or direction in the nature of Mandamus restraining the respondent no. 3 for not take charge of Chairman, Nagar Panchayat, Pahasu























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