Allahabad High Court
Anoop Kumar Pathak And Another vs Dr. Ujjawal Kumar ( Ias) D.M. ... on 21 June, 2021
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 36 Case :- CONTEMPT APPLICATION (CIVIL) No. - 1859 of 2021 Applicant :- Anoop Kumar Pathak And Another Opposite Party :- Dr. Ujjawal Kumar ( Ias) D.M. Maharajganj 4 Others Counsel for Applicant :- Man Bahadur Singh,Kirti Chaurasia Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicants through video conferencing.
By order dated 08.2.2021 passed in Public Interest Litigation (PIL) No.1822 of 2020 filed by the applicants, the Court directed as under:
"Petitioner vide this Public Interest Litigation seeks following direction:
(i) to dissolve the erstwhile Nagar Panchayat, Siswan Bazar, Maharajganj.
(ii) to constitute the Municipal Council and Ward Committees in accordance with provisions of Article 243-Q, 243-R, 243-S, 243-T and 243-U read with Sections 9 and 10 of the Uttar Pradesh Municipalities Act, 1916.
(iii) to appoint Administrator in Municipal Council, Siswan Bazar, District Maharajganj.
These reliefs emanates from Notification No. 1988/Nau-6-2019-2 AQ/2007 dated 31.12.2019 issued under Section 3(2) of 1916 Act read with Article 243Q clause (2) of the Constitution, constituting smaller urban area/Municipal Council, Siswan Bazar, District Maharajganj.
That Section 333 of the Act of 1916 mandates that when a new municipality is created under the Act, the District Magistrate, or other officer, or Committee, or authority appointed by him in this behalf, may until a Municipality is established, exercise the powers and perform the duties and functions of the Municipality, and, he or it shall, for the purposes, aforesaid be deemed to be the Municipality.
Thus, in view of the provisions contained under Section 333 of 1916 Act no mandamus is warranted for appointment of Administrator.
As regard to the dissolution of erstwhile Nagar Panchayat. Clause (b) of sub-section (1) read with sub-clause (a) of sub-section (3) of Section 3-A of 1916 Act mandates that a Municipality constituted under clause (1) of Article 243-Q of the Constitution there shall be for every smaller urban area be known as the Municipal Council. And immediately before the commencement of the Uttar Pradesh Urban Local Self Government Laws (Amendment) Act 1944, shall from such commencement and until the first constitution of the Municipal Council under the Act of 1916 be deemed to be a Municipal Council under the Act of 1916.
That Section 5 of 1916 Act further mandates that:-
"5. Effect if including area in transitional area or smaller urban area.-Where by a notification referred to in sub-section (2) of Section 3 the Governor includes any area in a transitional area or smaller urban area, such area shall thereby become subject to all notifications, rules, regulations, bye-laws, orders, directions, issued or made under this or any other enactment and in force throughout the transitional area or smaller urban area, at the time immediately preceding the inclusion of the area."
Thus no specific direction for dissolution of erstwhile Nagar Panchayat is either warranted.
As regard to relief for the constitution of Municipal Council, proviso to Section 333 of 1916 Act stipulates:
"Provided always that the District Magistrate or such other officer, or committee, or authority shall, as early as possible, make preliminary arrangements for the holding of first elections and generally of expediting the assumption by the Municipality of its duties when constituted."
In the case at hand evidently with the Notification dated 31.12.2019 Municipal Council, Siswan Bazar, District Maharajganj is constituted. It was the bounden duty of the District Magistrate as early as possible make preliminary arrangements for the holding of first elections. Non holding of election for over one year reflects inaction and non performance of statutory obligation, by the District Magistrate.
In view whereof the District Magistrate, Maharajganj is directed to hold election of newly created Municipal Council, Siswan Bazar, as early as possible, however not later than three months from the date of communication of this order.
The petition is disposed of finally in above terms.
No costs."
Learned counsel for the applicants submits that a copy of the aforesaid order was submitted for compliance before the opposite party but the opposite party has wilfully not complied with the order and, thus, has committed civil contempt liable for punishment under Section 12 of the Contempt of Courts Act, 1971.
Prima facie a case of contempt has been made out. However, considering the facts and circumstances of the case, one more opportunity is afforded to the opposite party to comply with the aforesaid order of the Court within three months from the date of production of a certified copy of this order.
The applicant shall supply a duly stamped registered envelope addressed to the opposite party and another self-addressed stamped envelope to the office within one week from today. The office shall send a copy of this order along with the self-addressed envelope of the applicant with a copy of contempt application to the opposite party within one week thereafter and keep a recorded thereof.
The opposite party shall comply with the directions of the writ court and intimate him of the order through the self-addressed envelop within a week thereafter.
With the aforesaid observations, this application is disposed of at this stage with liberty to the applicant to move a fresh application, if the order is not complied with by the opposite party within the stipulated time as aforementioned.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 21.6.2021 RKP