RADHA DEVI Vs. STATE OF U P

JUDGEMENT

(1.) By means of this petition the petitioner has challenged the validity of amendment to Section 14 of U.P. Panchayat Raj Act by U. P. Act No. 9 of 1994.

(2.) A Division Bench of this Court in Special Appeal No. 423 of 1997 Bankey Lal v. State of U.P. and Ors., decided on 15-7-1997 [Reported in (1997) 3 UPLBEC 1590 (DB)] has upheld the validity of the above provision, following the decision of the Supreme Court in Mohan Lal Tripathi v. District Magistrate, Rae Bereilly and Ors., AIR 1993 SC 2042: (1993) 1 UPLBEC 35 (SC) Another Division Bench in Jhinkan v. District Panchayat Raj Adhikari, writ petition No. 22309 of 1997, decided on 14-7-1997, has also taken a similar view.

(3.) Following the said decisions, we hold that Section 14 of the UP. Panchayat Raj Act, 1947 as amended by U. P. Act No. 9 of 1994 as well as the amended Rule 33-B of the Rules are valid. Consequently, we dismiss this petition.