ANUGRAH NARAIN SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Sarvasri Anugrah Narain Sigh, Anil Kumar Yadav and Nisar Ahmad filed Writ Petition No.38469 of 1994 for appropriate direction in the nature of mandamus commanding the State of U.P. to hold election of Local Self Government (Urban). After considering the earlier decisions of this Court and the facts and circumstances of the case, this Court directed the Government of U.P. to hold the election for constituting Nagar Panchayats, Municipalities and Municipal Corporations before 31/07/1995. As the Government could not hold election within the above period, it has moved an application supported by an affidavit in the third week of July, 1995, praying for extension of time to hold the election by November, 1995.

(2.) . We have heard Sri Rakesh Dwivedi, Additional Advocate General for Government of U. P. and Sri Ravi Kiran Jain, learned Senior Counsel for the petitioners, who filed the writ petition.

(3.) . Sri Ravi Kiran Jain has opposed the extension of time on three grounds, namely, (i) it was incumbent on the Government to hold election within the time specked by the Court and replacement of the old Government by the new Government is no ground for not complying with the order of this Court; (ii) unless it is physically impossible to hold election within the time specified by the Court, there is no justification to extend the time; and (iii) the two notifications dated 7-6-1995 and 16-6-1995 changing the rules for reservation for backward classes have been issued in order to delay the election and the application for extension of time is part of the same scheme and is, therefore, not a bona fide application. Sri Rakesh Dwivedi, Learned Advocate General for Government of U.P. has disputed the above contentions.