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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Dr. L.P. Mishra, J
Chairman of the Nagar Palika Parishad, Sitapur – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. challenge to power withdrawal under the 1916 act. (Para 2 , 4) |
| 2. discussion on legal arguments regarding authority. (Para 3 , 6) |
| 3. court's observation on the statutory provisions. (Para 7 , 8) |
| 4. final ruling on the validity of the office order. (Para 9 , 10) |
1. Heard Dr. L.P. Mishra along with Sri Prafulla Tiwari, learned counsels appearing for the petitioner, Sri H.P. Srivastava, learned Additional Chief Standing Counsel representing State - respondents, Sri Jaideep Narain Mathur, learned Senior Advocate assisted by Sri Sameer Kalia and Sri Ajay Singh, learned counsel appearing for the Nagar Palika Parishad and Sri S.C. Kashish along with Sri Devendra Pratap Verma, learned counsels appearing for the Caveator - Ashutosh Kumar @ Monu.
2. Petitioner is the Chairman of the Nagar Palika Parishad, Sitapur. By means of the impugned Office Order dated 7th January, 2019 passed by the District Magistrate, Sitapur, the financial and administrative powers of the petitioner as Chairman of the Nagar Palika Parishad have been withdrawn under proviso to S.48(2) of the Uttar Pradesh Municipalities Act, 1916 (hereinafter referred to as '1916 Act').
3. The first and foremost submis
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