SITA RAM DWIVEDI Vs. STATE OF U.P.

JUDGEMENT

(1.) The petitioners in these two petitions have prayed for a writ of mandamus to command the State of Uttar Pradesh through its Chief Secretary, the Secretary Local Self-Government, Uttar Pradesh and the Director of Local Bodies, Uttar Pradesh to arrange constitution of the elected Nagar Mahapalikas, Nagar Palikas, Town Areas and Notified Areas in the State of Uttar Pradesh in accordance with law without further delay and within the time to be specified by this Court. At the time of arguments Sri Sita Ram Dwivedi, the petitioner in Writ Petition No. 8043 of 1986 and Sri K. M.N. Chak, learned Counsel for the petitioner in Writ Petition No. 8199 of 1986 made statements to the effect that they were confining their relief to the constitution of Nagar Mahapalikas in the Kaval Towns only. Accordingly, we are concerned in these petitions with the constitution of the elected Nagar Mahapalikas in the Kaval Towns only.

(2.) Sita Ram Dwivedi has claimed himself to be the President of the legal cell of a political party (Lok Dal) of Uttar Pradesh. Dr. Som Nath Shukla, the petitioner in the other writ petition has claimed himself to be a citizen of India having full faith in the Constitution of India. He has stated that he was a well known Gandhian and had held the office of the Honorary Magistrate. He has also claimed himself to be the active worker and active member of the Bhartiya Janta Party. He claims himself to a believer in democratic institutions. The plea of both the petitioners is that in the State of Uttar Pradesh, Nagar Mahapalikas were constituted in June, 1971 and their period of five years expired in June, 1976 and thereafter no election was held to constitute the elected Nagar Mahapalikas and instead Administrators were appointed who are still continuing. Their claim is that the continuance of the Administrators, instead of holding elections, is against the democratic principle adopted in the Constitution of India. The notification under which the Nagar Mahapalikas were constituted is alleged to be, dated 29th June, 1971. It has been stated that the electoral rolls have been amended since 1971 till 1981 for holding elections to the Parliaments as well as the State Legislative Assembly and, therefore, there is no difficulty in holding elections to the Nagar Mahapalikas.

(3.) Despite notice, on counter-affidavit has been filed on behalf of the opposite-parties to justify the failure to hold the elections. Only an application was made for deferring the hearing of these petitions so that similar petitions filed at Allahabad may be disposed of. We find no reason to defer the hearing of these petitions. We have accordingly heard the learned Counsel for the parties.