By the Court.—Smt. Mohini Sharma w/o Amar Pal Sharma, r/o Village Khoda, Block Loni, District Ghaziabad, is before this Court for following reliefs:

I. issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 20.7.2016 passed by the respondent No. 3, Commissioner, Meerut Division, Meerut.

II. issue a writ, order or direction in the nature of mandamus directing the respondent-authorities to allow the petitioner to continue to work and discharge her duties as Gram Pradhan, Gram Panchayat Khoda, Block Loni, District Ghaziabad till validly constituted Nagar Palika Parishad with all powers comes in existence.

III. issue a writ, order or direction in the nature of mandamus restraining the respondent-authorities from taking any action in pursuance of the impugned order dated 20.7.2016 and allow the petitioner to work as full fledged Gram Pradhan, Village Khoda, Block Loni, District Ghaziabad.

IV. issue such other and further writ, order or direction which this Hon’ble Court may deem fit and proper in the nature and circumstances of the present case.

V. award costs of the petition to the petitioner.

2. Brief background of the case, as is emanating from the record, is that petitioner contested elections for the post of Gram Pradhan of Gram Panchayat Khoda, Block Loni, District Ghaziabad in the elections held somewhere in November-December 2015 and in the said elections petitioner was elected as Gram Pradhan and, thereafter, petitioner continued to perform and discharge her duties as Gram Pradhan of the aforesaid Gram Panchayat and it appears that thereafter Nagar Palika Parishad Khoda has been constituted under the provisions of U.P. Municipalities Act, 1916 and at the said point of time the State Government came up with the notification dated 30.3.2015 and at the end of the day Nagar Palika Parishad Khoda Makanpur, Block Loni, District Ghaziabad has come into existence. Petitioner, at the said juncture, preferred Writ Petition (MB) No. 13297 of 2016 [Mohini Sharma and others v. State of U.P. and others] assailing the notification dated 10.3.2016 issued in exercise of the powers under Article 243 (E) and Article 243 (Q) of the Constitution of India read with Section 3 of U.P. Municipalities Act, 1916. The ground of the said challenge was that since the tenure of the petitioners as the Pradhan and Member of the Gaon Sabha has not yet come to an end, the aforesaid delimitation and bringing the area within municipal limits is unconstitutional and consequential order dated 28.4.2016 was also prayed for wherein petitioners have been restrained from exercising financial powers in relation to the said area. The said challenge in question has been considered by the Division Bench and this Court has proceeded to pass the following order;

“Heard Sri H.G.S Parihar learned senior counsel assisted by Sri Sarvesh Kumar Dubey, learned counsel for the petitioners.

This writ petition has raised a two fold challenge one to the notification dated 10.3.2016 issued in exercise of the powers under Article 243(E) and Article 243 (Q) of the Constitution of India read with Section 3 of the U.P. Municipalities Act, 1916 on the ground that since the tenure of the petitioners as the Pradhan and Member of the Gaon Sabha has not yet come to an end, the aforesaid de-limitation and bringing of the area within Municipal limits is unconstitutional.

The second ground raised is that by virtue of such a notification a consequential order that has been passed on 28.4.2016 restraining the petitioners from exercising financial powers in relation to the said area is also ultra vires the provisions of the Act and is equally unconstitutional.

To substantiate this submission, learned counsel for the petitioner has invited attention of the Court to the application dated 7.5.2016 filed before the District Magistrate a copy whereof is annexure No. 6 to the writ petition where the actual grievance of the petitioners have been entailed. I