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2022 Supreme(All) 1474

MANOJ KUMAR GUPTA, RAJENDRA KUMAR IV
Sujit – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Petitioners: Vibhu Rai and Abhinav Gaur.
For the Respondents: C.S.C.

JUDGMENT :

Manoj Kumar Gupta, J.

The petitioners are elected Pradhans of Gram Panchayat Bhaiswali, Sansaarpur, Sidhwapaar, Kodhari, Bailey and Kalyanpur. They have called in question notifications dated 12.12.2020, 22.7.2022 and 10.8.2022 (all issued by respondent No. 2).

2. The notification dated 12.12.2020 was a draft of a proposal intended to be issued by the Governor in exercise of powers under clause (2) of Article 243-Q of the Constitution of India, read with sub-section (2) of Section 3 of the U.P. Municipalities Act, 1916 and in partial modification of previous notification dated 16th March, 1875 and other notifications issued in this behalf for inclusion of ten villages in the transitional area of Nagar Panchayat, Badahalganj, Gorakhpur. The draft proposal was notified in order to ensure compliance of Section 4 of the U.P. Municipalities Act, 1916 which is as follows :

    ''4. Preliminary procedure to issue notification.-(1) Before the issue of a notification referred to in Section 3, the Governor shall publish in the Official Gazette and in a paper approved by it for purposes of publication of public notices, published in the district or, if there is no such paper in the distric

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