SUJIT Vs. STATE OF U. P.

JUDGEMENT

(1.) The petitioners are elected Pradhans of Gram Panchayat Bhaiswali, Sansaarpur, Sidhwapaar, Kodhari, Bailey and Kalyanpur. They have called in question notifications dtd. 12/12/2020, 22/7/2022 and 10/8/2022 (all issued by respondent no. 2).

(2.) The notification dtd. 12/12/2020 was a draft of a proposal intended to be issued by the Governor in exercise of powers under clause (2) of Article 243Q of the Constitution of India, read with sub-sec. (2) of Sec. 3 of the U.P. Municipalities Act, 1916 and in partial modification of previous notification dtd. 16/3/1875 and other notifications issued in this behalf for inclusion of ten villages in the transitional area of Nagar Panchayat, Badahalganj, Gorakhpur. The draft proposal was notified in order to ensure compliance of Sec. 4 of the U.P. Municipalities Act, 1916 which is as follows: -

(3.) Sec. 3 of the U.P. Municipalities Act, 1916, which is also relevant for deciding the controversy, reads as follows: -