MANJU Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the parties and have perused the record.

(2.) By means of present writ petition, the petitioner who was elected as Chairperson of Nagar Panchayat, Fatehpur Chaurasi, District Unnao (hereinafter referred to as "Nagar Panchayat") in the election held in the month of October, 2006, has prayed that the order passed by the District Magistrate, Unnao appointing the Executive Officer of the Nagar Panchayat as Administrator be quashed and she be allowed to function and discharge her duties as Chairperson till 24.06.2012.

(3.) The facts of the case as narrated by the learned counsel for the petitioner are that the last election of Chairperson of Nagar Panchayat was held in the month of October, 2006 in which the petitioner, Smt.Manjoo emerged as winner and accordingly, in a meeting held on 17.11.2006 she was administered oath of the office of the Chairperson of Nagar Panchayat . Learned counsel for the petitioner further stated that the first meeting of the Nagar Panchayat was held on 25.06.2007, as such in terms of the provisions contained in Article 243-E (243-U) of the Constitution of India, her term as Chairperson of Nagar Panchayat would come to an end only on 24.06.2012. In this view, the learned counsel for the petitioner argued further that any order appointing Administrator in place of the petitioner would amount to illegal curtailment of term of the petitioner to which she is legally and constitutionally entitled to avail.