Allahabad High Court
Smt. Radha Devi vs State Of U.P. And Ors. on 25 July, 1997
Equivalent citations: (1997)3UPLBEC1593
Bench: M. Katju, D.K. Seth
JUDGMENT
M. Katju and D.K. Seth, JJ.
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.
4. Since a large number of petitions challenging the validity of the above provisions have been filed in this court and are pending, we further direct that all such petitions, whether they are listed before us or not, shall stand dismissed by this judgment and the interim orders passed in all such cases stand vacated.