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2018 Supreme(UK) 252

SUDHANSHU DHULIA
Man Mohan Singh Malla – Appellant
Versus
State of Uttarakhand – Respondent


Advocates Appeared:
For the Petitioner:Mr. Jitendra Chaudhary, Mr. Dharmendra Barthwal, Mr. Vipul Sharma, Mr. S.R.S. Gill, Mr. Milind Raj, Mr. Xitij Kaushik and Mr. Narendra Bali, Advocates
For the Respondent:Mr. S.N. Babulkar, Advocate General, assisted by Mr. K.N. Joshi, Deputy Advocate General, Mr. Paresh Tripahi, C.S.C. and Mr. Yogesh Pandey, Additional C.S.C., Mr. Sanjay Bhatt, Advocate, Mr. D.S. Patni, Advocate, Mr. Pankaj Purohit, Advocate, Mr. Manav Sharma, Advocate, Mr. Rajesh Nagarkoti, Advocate, Mr. B.D. Pande, Advocate, Mr. Ajay Singh Bisht, Advocate, Mr. Narendra Bali, Advocate, Mr. Devesh Bishnoi, Advocate, Mr. Yogesh Pacholia, Advocate, Mr. Hari Om Bhakuni, Advocate, Mr. Parikshit Saini, Advocate

JUDGMENT :

Sudhanshu Dhulia, J.

A common issue has been raised in the above writ petitions, hence these are being decided together by this judgment. For the sake of convenience, however, the facts of WPMS No.1639 of 2018 (Man Mohan Singh Malla v. State of Uttarakhand & Others) would be considered.

2. In all these petitions, petitioners are either ex-Chairman or ex-Vice Chairman or ex-Ward Members of the different Municipalities in the State of Uttarakhand. In WPMS 1685 of 2018, the petitioner is the ex-Chairman of the Municipal Corporation, Roorkee. Admittedly, the term of all these local bodies has come to an end. Petitioners are aggrieved by the appointment of an Administrator by the State Government in all these Municipalities/Municipal Corporation after the expiry of their term. Since the State Government has exercised these powers (of appointment of Administrators) under sub-Section (4) of Section 10-A of the Uttar Pradesh Municipalities Act, 1916 as it stands amended in the State of Uttarakhand (The original Municipalities Act is of Uttar Pradesh which is applicable in the State of Uttarakhand under Sections 86/87 of the U.P. Reorganization Act, 2000).

3. According to the petitio





























































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