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2014 Supreme(All) 1402

D. Y. CHANDRACHUD, DILIP GUPTA
Keshav Dev Kushwaha – Appellant
Versus
State of U. P. – Respondent


Advocates:
Counsel :
S.M. Haider Zaidi and Saurabh Tiwari for the Petitioner; C.S.C. for the Respondents.

JUDGMENT

By the Court.—This petition has been filed by an elected member of the Nagar Palika Parishad, Firozabad for the following reliefs:

(i) A declaration that Section 8-AA of the Uttar Pradesh Municipal Corporation Act, 1959 is ultra vires Article 243-U of the Constitution;

(ii) A certiorari for quashing notifications dated 4 August 2014 and 7 August 2014;

(iii) A mandamus not to curtail the term of the Nagar Palika Parishad, Firozabad and to allow the elected members to continue, notwithstanding the constitution of a municipal corporation; and

(iv) A mandamus to reconstitute the areas to be included in the Nagar Palika Parishad for uplifting it to the status of a municipal corporation.

2. On 20 October 2008, in exercise of powers conferred by Section 3 of the Uttar Pradesh Municipalities Act, 1916 read with Article 243-Q of the Constitution, the State Government notified the areas which were comprised within the limits of the Nagar Palika Parishad, Firozabad. On 20 April 2011, an unanimous resolution was passed at a meeting of the Nagar Palika Parishad recording that since the population of the area was 6,23,000, a municipal corporation may be notified. By a notification dated













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