SANJAY JOSHI Vs. STATE OF UTTARAKHAND & OTHERS

JUDGEMENT

(1.) In this bunch of writ petitions, the petitioners have challenged the inclusion of their "Gram Sabha" into "Nagar Panchayat", and in some cases into "Nagar Palika Parishad" and even "Nagar Nigam". Petitioners rely upon Article 243-Q as well as Article 243-U of the Constitution of India read with relevant provisions of the U.P. Municipal Corporation Act as well as U.P. Municipalities Act and the relevant provisions of the Uttarakhand Panchayati Raj Act, 2016, and would argue that the entire exercise undertaken by the Government in this regard is illegal. In some of the petitions, the issue is also regarding up-gradation of Nagar Palika Parishad to Nigam and its fallout as stated above.

(2.) The combined argument of all the petitioners is that proper hearing as visualized under the law has not been given to the petitioners, before the up-gradation of the local bodies.

(3.) On two occasions, hearing was given to the petitioners as well as to the State, which is being represented before this Court by the learned Advocate General Sri S.N. Babulkar. On 08.03.2018, these matters were adjourned for today i.e. 09.03.2018.