PRADEEP CHAUDHARY Vs. UNION OF INDIA

JUDGEMENT

(1.) Constitutionality of the provisions of Section 3 of Uttar Pradesh Reorganization Act, 2000 (hereinafter referred to as 'the Act' for the sake of brevity) whereby the district of Haridwar had been included in the State of Uttaranchal (now Uttarakhand) is in question in this case.

(2.) Petitioners before us are residents of the district of Haridwar. They filed a writ application before the High Court of Judicature at Allahabad which was marked as Civil Writ Petition No. 43094 of 2000. As several writ petitions were filed before this Court and several other writ applications involving similar questions were filed before different High Courts questioning similar provisions of Bihar State Reorganization Act whereby also some districts were included in the new State, transfer applications having been moved, the said writ petitions were withdrawn from the respective High Courts and transferred to this Court. Petitioners before us are residents of the district of Haridwar. They filed the writ applications, inter alia, on the premise that in including the district of Haridwar in the State of Uttaranchal, mandatory requirements envisaged under the proviso appended to Article 3 of the Constitution of India has been violated.

(3.) The said question arises in the following factual matrix involved in the matter: Indisputably, demands were raised for formation of the State of Uttaranchal wherefor a Committee known as Kaushik Committee was formed by the State Government for the purpose of making recommendations as to which areas of the existing State of UP should be included in the proposed State of Uttaranchal. Upon holding discussions with various segments of people, recommendations were made. The district of Haridwar allegedly was not included therein. However, concededly, the President of India by a notification proposed formation of the State of Uttranchal in the State Reorganisation Bill, 1999. In the said Bill, the district of Haridwar was included as one of the districts in the said proposed State. The said Bill was sent to the Legislature of the State of UP in terms of the proviso appended to Article 3 of the Constitution of India. Due to dissolution of 12th Lok Sabha, however, the said Bill abated. Upon constitution of the 13th Lok Sabha, a fresh Bill in terms of a Notification dated 4.2.2000 known as the Uttar Pradesh Reorganisation Bill, 2000 in regard to the proposed formation of the State of Uttranchal was sent to the State Legislature of UP for the purpose of obtaining its views. In terms of the said notification, views were to be sent by the State Legislature of UP by 16.3.2000. The said notification was in two parts.