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2001 Supreme(UK) 186

A.A.DESAI, M.C.JAIN
NAGAR PALIKA PARISHAD, ROORKEE – Appellant
Versus
STATE OF UTTARANCHAL – Respondent


ASHOK A. DESAI, C. J.

( 1 ) THE petitioners have questioned the legislative competence of the State in enacting as well the constitutional validity of reviving original S. 10-AA and further adding proviso with it, in U. P. Municipalities Act, 1916, by Uttaranchal Act No. 1 of 2001. The impugned provisions read as thus :"10-AA. Temporary provisions regarding administration of a Board until a new Board is constituted :- (1) Where in circumstances other than those mentioned in S. 11, the term or the extended term of the Board has expired and a new Board has not been constituted, then until the due constitution of the new Board:- (a) All powers, functions and duties of the Board, its President and Committees shall be vested in and be exercised, performed and discharged by an officer appointed in that behalf by the State Government (hereinafter referred to as the Administrator), and the Administrator shall be deemed in law to be the Board, the President or the Committee, as the occasion may require. . . . . . . (Original)provided further that the Administrator appointed under this section shall have a term not exceeding six months, or after the new board is constituted, whichever is ear



































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