ABDUL QAYYUM Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) In this writ petition, vires of U.P. Act No. 14 of 1994 whereby Section 54(2) of the United Provinces Municipalities Act, 1916 (hereinafter called as the Act) has been sought to be substituted by way of amendment has been challenged.

(2.) Learned counsel for the petitioner Shri Vijendra Singh assailed the validity of the said amended Section 54(2) of the Act on two grounds: First, that the amendment is ultra vires to Article 243 U of the Constitution and as such the same is invalid. Second, that the substituted Section 54(2) of the Act is discriminatory and is violative of Article 14 of the Constitution, in that it introduces restriction on tenure of one year in respect of the office of the Vice President while all other office bearers under different Acts have not been subjected to such restrictions and that it has been discriminatory between President and Vice President.

(3.) We have heard Shrivijendra Singh, learned counsel for the petitioner and the learned Standing Counsel at length. Article 243U of the Constitution provides that 'every municipality' shall continue for five years from the date appointed for its first meeting unless dissolved earlier. Clause (2) of Art. 243 U prohibits amendment in any law with regard to the dissolution of municipality before expiry of five years as mentioned in Clause (1). Clause (4) provides that municipality constituted upon the dissolution of a Municipality before the expiration of its duration shall continue only for the remainder of the period for which the dissolved Municpality would have continued under Clause (1).