NILESH SINGH Vs. STATE OF U. P.

JUDGEMENT

(1.) The instant petition is directed against the notification dtd. 10/12/2020 issued under Sec. 4(1) of the Uttar Pradesh Municipalities Act, 1916 (hereinafter referred as 'the Act') and the notification dtd. 22/7/2022 issued under Sec. 3 (1) of the Act read with Article 243-Q of the Constitution of India. The petitioner has also prayed for a mandamus directing the respondents not to initiate exercise for fresh election of the newly constituted Nagar Palika and also restrain the respondents from interfering in the functioning of the petitioner as elected Gram Pradhan of Village Ahara, District Sant Kabir Nagar for period upto 3/5/2026.

(2.) The case of the petitioner is that he was elected as Gram Pradhan of Village Ahara, Block Haisar Bazar, Tehsil Dhanghatta, District Sant Kabir Nagar on 3/5/2021. His term of five years as Gram Pradhan would expire on 3/5/2026 in view of Article 243-E of the Constitution of India. However, by impugned notification, a transitional area has been constituted in the name of Nagar Panchayat, Haisar Bazar, District Sant Kabir Nagar. It includes the area of Gram Panchayat Bahara as well, of which the petitioner is Gram Pradhan, and now the respondents are intending to hold election of Nagar Panchayat, Haisar Bazar. As a result, the petitioner will automatically be ousted from his office of Pradhan of Gram Panchayat Ahara.

(3.) By impugned notification issued under clause (2) of Article 243-Q of the Constitution of India read with Sec. 3 of the Act, the Governor has notified the local limits of a transitional area by the name of Haisar Bazar. Article 243-Q is reproduced below :-