NAGAR PALIKA PARISHAD ROORKEE Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) The petitioners have questioned the legislative competence of the State in enacting as well the constitutional validity of reviving original S. 10-AA and further adding proviso with it, in U.P. Municipalities Act, 1916, by Uttaranchal Act No. 1 of 2001. The impugned provisions read as thus :

(2.) The Uttaranchal has been carved out from the erstwhile State of Uttar Pradesh. On 9/11/2000 it has attained the Statehood. The State of Uttaranchal initially by Ordinance No. 2 of 2000 on 11-12-2000 revived S. 10-AA incorporating the proviso therewith. Proviso stipulated that the term of the Administrator appointed under S. 10-AA, in any case, shall not exceed more than six months. Subsequently the Ordinance was converted into Act No. 1 of 2001.

(3.) Elections of Municipal Board of Hardwar and Roorkee were held on 29-12-1995 and 30-12-1995 respectively. The normal period of five years expired in first week of January 2001. For constitution of new Board, the election became due before expiry of the said period. Since new Municipal Board could not be constituted, Administrator was appointed by order dated 11-12-2000 from 1-1-2001 in exercise of the powers under the impugned proviso.