RAJIV LOCHAN SAH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) At the time of the original filing of the instant writ petition, the tenure of the members of the Municipal Boards/ Nagar Panchayats for various municipalities in the entire State of Uttarakhand was to expire on the mid-night falling between 14th and 15th February, 2008. It is, therefore, that the instant writ petition was filed, so as to persuade the concerned authorities to convene the process of election and to complete it before the expiry of the tenure of the members of the Municipal Boards/ Nagar Panchayats.

(2.) It is not a matter of dispute, that the process of election was thereupon conducted in furtherance of the various directions issued by this Court on 24.03.2008. As such, the prayer made by the petitioner for conducting the process of election stood satisfied.

(3.) Despite the aforesaid, learned counsel for the petitioner, during the course of hearing of the instant writ petition today, contends that he had assailed the constitutional validity of sub-Section (4) of Section 10-A of the Uttarakhand (The Uttar Pradesh Nagar Palika Adhiniyam, 1916) (Adoption and Modification Order, 2002), whereby sub-Section (4) was added to Section 10-A. Section 10-A of the Uttar Pradesh Municipalities Act, 1916, as it presently exists, is being extracted hereunder: