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Waseem Ahmad v. State Of U.P. And Others - WRIT - C No. 2071 of 2006 [2006] RD-AH 952 (13 January 2006)


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Court No. 36

Civil Misc. Writ Petition No. 2071 of 2006

Waseem Ahmad .................................... Petitioner


State of U.P. through Principal Secretary, Nagar

Vikas Anubhag/IV & Ors.,...................... Respondents


Hon. Sushil Harkauli, J.

Hon. Vikram Nath, J.

The petitioner claims that he was elected as President of the Nagar Panchayat , Khetasarai in November, 2000 and the first meeting of the  Nagar Panchayat was held on 20.3.2001. The petitioner is aggrieved by his removal and appointment of Administrator under the Government Order dated 28.11.2005 issued by the Government to all District Magistrates, copy of which has been filed as Annexure 2. Under Section 9 along with Section 10 A of the U.P. Municipalities Act, 1916, the term of the Nagar Panchayat  and consequently, the term of the petitioner should be five years from the date of the first meeting and, therefore, appointment of the Administrator on the allegation that the tenure of the  Nagar Panchayat has been completed, is not correct.

By a very detailed judgment dated 22.12.2005 passed by a Division Bench of this Court in a bunch of writ petition headed by Writ Petition No. 73095 of 2005, Anugrah Narain Singh Vs,. State of U.P. & Ors., the legal position in this behalf has been clarified and, consequently, directions have already been issued. The petitioner relies upon the said decision.

In view of these averments of the petitioner and after hearing the learned Standing Counsel for the respondents, we direct the respondent no. 3, i.e.,  the District Magistrate, Jaunpur to examine the records and to pass appropriate reasoned order after verification of the fact regarding the date of first meeting of the Nagar Panchayat, in accordance with the law laid down by the aforesaid judgment of this Court dated 22.12.2005 within two weeks of the date on which certified copy of this order along with certified copy of the judgment dated 22.12.2005 is presented before the District Magistrate.

Petition stands disposed of as above.




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