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MANOJ KUMAR GUPTA, JAYANT BANERJI
Sonu – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
By the Court.-Heard Sri Brijesh Chandra Tripathi, learned counsel for the petitioners, learned Standing Counsel Sri Pradeep Kumar Tripathi for respondent Nos. 1 and 2 and Sri Virendra Singh Chauhan, learned counsel for respondent No. 3.
2. With consent of counsel for the parties, the petition is being disposed of finally at the admission stage.
3. The facts in brief are that petitioner No. 1 is elected Corporator from Ward No. 3, Nagar Palika Parishad, Baghapat and petitioner No. 2 also is an elected Corporator from Ward No. 19, Nagar Palika Parishad, Baghpat. They have challenged the notification issued on 21.9.2022 by respondent No. 1 in exercise of power under Article 243-Q of the Constitution read with sub-section (2) of Section 3 of the U.P. Municipalities Act, 1916 including the area specified in Schedule-1 of the said notification in smaller urban area of the Municipal Council, Baghpat and a declaration under clause (d) of the Article 243-P of the Constitution that the area specified in Schedule-2 would be territorial area of Municipal Council, Baghpat.
4. The facts and grounds on which the challenge has been made is noted in our order dated 15.11.2022, which is as fo
The court established that adherence to statutory notification and objection processes is essential for valid municipal governance actions.
The failure to consider objections submitted within the statutory timeframe invalidates the notification regarding the inclusion of a Gram Panchayat in a Nagar Panchayat.
The court established that the State Government's consideration of objections under the Assam Municipal Corporation Act, 2022 was sufficient and compliant with legal requirements.
The court upheld the constitution of Silchar Municipal Corporation, affirming that objections raised were duly considered and found without merit, thus complying with statutory requirements.
The main legal point established in the judgment is that Notifications issued under Section 5(1)(B) of the Madhya Pradesh Municipalities Act, 1961 must fulfill the requirements of Article 243Q of the....
The notifications for municipal formation and alteration complied with constitutional mandates and statutory requirements, and the principles of natural justice were not violated.
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