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ALLAHABAD HIGH COURT
H. R. Khanna, S. P. Singh, JJ
Surendra Kumar Gupta v. State of U. P.
| Table of Content |
|---|
| 1. petitioners challenge the ordinance for dissolving municipal bodies. (Para 1 , 2 , 3) |
| 2. constitutional arguments regarding duration and dissolution of municipalities. (Para 5 , 6 , 10) |
| 3. legislative powers to make laws regulating local bodies. (Para 22 , 24) |
| 4. the court dismisses the petitions citing lack of merit. (Para 25 , 26) |
1. By these petitions under Art.226 of the Constitution the Petitioners who are either Presidents or Chairmen of different local bodies in the State of Uttar Pradesh, pray for striking down the Ordinance known as U.P. Municipalities, Notified Areas and Town Areas (Alp - Kalik Vyavastha) Adhyadesh 1994 being U.P. Ordinance No. 3 of 1994 promulgated by the Governor of Uttar Pradesh in exercise of powers under Art.213 of the Constitution as being unconstitutional, the relevant provisions of which are extracted below:
"1. This Ordinance may be called the Uttar Pradesh Municipalities, Notified Areas and Town Areas (Alpkalik Vyavastha) Adhyadesh, 1994.
2. With effect from the 19th day of January, 1994, the provisions of the U.P. Municipalities Act , 1916 (U.P. Act No. 2 of 1916), hereinafter in this section referred to as the said Act, shall unt
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