NOORULLAH GHAZANFARULLAH ALLAHABAD Vs. MUNICIPAL BOARD OF ALIGARH

JUDGEMENT

(1.) This petition was dismissed on merits by a Bench of this Court, of which one of us was a member, by its judgment dated May 5, 1980. The petitioner went up in appeal to the Supreme Court. Before the Supreme Court a grievance was made that the High Court while disposing of the writ petition did not consider the question relating to the constitutional validity of the Uttar Pradesh Municipalities (Amendment) Act, 45 of 1975, although the constitutional validity of the aforesaid Act was challenged by amending the writ petition. The respondents asserted that the constitutional validity of the amendment Act was not canvassed before the High Court during the course of hearing and the observation made by the High Court to that effect was correct. The Supreme Court, however, without entering into this controversy, remanded the case to this Court to decide all questions arising before it as have not been so far decided including the question of constitutional validity of the Amendment Act.

(2.) Sri S. S. Ray and Sri M. P. Singh appearing for the appellant at the outset expressed regret that it was wrongly asserted before the Supreme Court that at the time of hearing the question relating to the constitutional validity of the Amendment Act was canvassed before this Court. It is indeed regrettable that such false assertions are made, which tend to damage the image of the Court with impunity.

(3.) Learned counsel for the appellant confined his submission to the constitutional validity of Section 224-C, U. P. Municipalities Act, as substituted by Section 3 of U. P. Act, 45 of 1975, and no other point was canvassed for consideration. The validity of the aforesaid provision was challenged on the ground that it was violative of Articles 19 (1) (f) and 31 of the Constitution.