Back
MANOJ KUMAR GUPTA, RAM MANOHAR NARAYAN MISHRA
Nilesh Singh – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
1. The instant petition is directed against the notification dated 10.12.2020 issued under Section 4(1) of the Uttar Pradesh Municipalities Act, 1916 (hereinafter referred as 'the Act') and the notification dated 22.07.2022 issued under Section 3 (1) of the Act read with Article 243-Q of the Constitution of India. The petitioner has also prayed for a mandamus directing the respondents not to initiate exercise for fresh election of the newly constituted Nagar Palika and also restrain the respondents from interfering in the functioning of the petitioner as elected Gram Pradhan of Village Ahara, District Sant Kabir Nagar for period upto 3.05.2026.
2. The case of the petitioner is that he was elected as Gram Pradhan of Village Ahara, Block Haisar Bazar, Tehsil Dhanghatta, District Sant Kabir Nagar on 3.05.2021. His term of five years as Gram Pradhan would expire on 3.05.2026 in view of Article 243-E of the Constitution of India. However, by impugned notification, a transitional area has been constituted in the name of Nagar Panchayat, Haisar Bazar, District Sant Kabir Nagar. It includes the area of Gram Panchayat Bahara as well, of which the petitioner is Gram Pradhan, and now
The constitutional scheme and the provisions of the Uttar Pradesh Municipalities Act, 1916 and the U.P. Panchayat Raj Act, 1947 were harmoniously interpreted to conclude that the Gram Panchayat had c....
Point of Law : Clause (4) of Article 243-U prescribes that a municipality constituted upon the dissolution of a municipality before expiration of its duration, shall continue only for remainder of th....
The duration of local authorities' jurisdiction over newly constituted municipal areas and the dissolution of municipalities as per the provisions of the Bihar Municipal Act, 2007 and the Constitutio....
The State Legislature alone is competent to legislate in respect of municipalities, with the limitation that the provisions of the State Act cannot be inconsistent with the mandate of the Scheme of P....
The court emphasized the discretion of the State Government to declare its intention to specify an area as a larger urban area, medium urban area, or transitional area, and the mandatory nature of th....
The interpretation of Article 243-U of the Constitution of India read with Sections 16 and 35 of the Bihar Municipal Act, 2007, and the application of Section 12(8) in determining the tenure of elect....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
