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2010 Supreme(SC) 399

G.S.SINGHVI, ASOK KUMAR GANGULY
Bhanumati etc. etc. – Appellant
Versus
State of Uttar Pradesh through Its Principal Secretary – Respondent


Advocates Appeared:
For the Appellants:Sunil Gupta, Senior Advocate, Mohit Chaudhary, Tanmaya Agarwal, Ms. Puja Sharma, Ramesh Gopinathan, A. Das, Bharat Singh, Rakesh Rao, Ms. Minakshi Vij, Abhijat P. Medh, Ms. Abha R. Sharma, Ashok Kumar Singh, Anil Kumar Pandey, Kamlesh Pandey, K.L. Janjani, Pankaj Singh, Praveen Agrawal, M/s. Ap & J Chambers, Advocates, with him For the Respondents:Dinesh Dwivedi, Senior Advocate, Shail Kr.Dwivedi, AAG, Ms. Niranjana Singh, Ms. Shalini Kumar, Shrish Kumar Misra, Shivpati B. Pandey, Vishwajit Singh, Ritesh Agarwal, Siddharth Sengar, Abhindra Maheshwari, Samir Ali Khan, Gaurav Dhama, Anjani Kumar Singh, P.K. Jain, D.K. Goswami, Gajinder Giri, Shiv Sagar Tiwari, M/s Sahrya & Co., Ms. Mridula Ray Bharadwaj, Ashok K. Mahajan and Rajeev Kumar Bansal, Advocates.

Judgment :-

Ganguly, J.

These appeals have been filed assailing the judgment dated 6th February, 2009 by the Lucknow Bench of Allahabad High Court whereby the High Court upheld the Constitutional validity of U.P. Panchayat Laws (Amendment) Ordinance, 2007 (U.P. Ordinance 26 of 2007) which later on became U.P. Panchayat Laws (Amendment) Act, 2007 (U.P. Act 44 of 2007). As the validity of the said amendment was in issue in all the appeals, they were heard together and are decided by this judgment.

2. In the course of argument before this Court factual controversies were not very much raised. The appeals were mostly argued on the legality of the amendment from various angles which will be considered hereinabelow.

3.The administration of Kshetra Samities and Zila Parishads in Uttar Pradesh (hereinafter, UP) is governed by Uttar Pradesh Kshetra Panchayats and Zila Panchayats Adhiniyam, 1961 (hereinafter, 1961 Act'). Prior to that there was United Provinces Panchayat Raj Act, 1947. The 1961 Act suffered several amendments in 1965, 1976, 1990, 1994, 1998 & 2007 by UP Act 16 of 1965, UP Act 37 of 1976, UP Act 20 of 1990, UP Act 9 of 1994 and UP Act 44 of 2007 respectively. The 1994 amendmen


















































































































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