Allahabad High Court
Smt. Lalita Yadav vs State Of U.P. & Others on 15 June, 2010
Bench: Vijay Manohar Sahai, Vikram Nath
Court No. - 9 Case :- WRIT - C No. - 35022 of 2010 Petitioner :- Smt. Lalita Yadav Respondent :- State Of U.P. & Others Petitioner Counsel :- Jai Prakash Rai,Keshari Nath Tripathi Respondent Counsel :- C.S.C.,Hemant Kumar Hon'ble Vijay Manohar Sahai,J.
Hon'ble Vikram Nath,J.
Heard learned counsel for the petitioner, Sri S.G. Husnain, learned Additional Advocate General assisted by Sri C.K. Rai, appearing for Respondents No.1, 2 & 3 and Sri H.R. Mishra, learned Sr. Counsel assisted by Sri Hemant Kumar for Respondent No.4.
Learned Standing Counsel prays for and is allowed a month's time to file counter affidavit. The petitioner will have three weeks thereafter to file rejoinder affidavit.
List thereafter.
Learned counsel for the respondents has urged that the provisions of Municipalities Act would not apply in this case. Prima-facie, we are of the opinion that though the question has been referred with regard to the provisions contained in the Municipalities Act, 1961, but the principle would also apply to the Section 16 proviso of Kshetra Zila Panchayat Adhiniyam.
Learned counsel for the petitioner has placed before us the order dated 19.12.2008 passed by this Bench in Civil Misc. Writ Petition No.62427 of 2008 Hafeez Ataullah Ansari V. State of U.P., which has been referred to full bench for deciding the question as to whether financial and administrative powers of an elected Chairman can be seized without affording any opportunity of hearing and without recording any subjective satisfaction.
Connect this writ petition with Civil Misc. Writ Petition No.62427 of 2008 and list this petition for final disposal after decision of the full bench.
Until further orders of this court, effect and operation of the impugned order dated 07.06.2010 passed by the State Government (Annexure No.1 to the writ petition) seizing financial and administrative powers of the petitioner shall remain stayed. The petitioner shall continue to work as Pramukh Kshetra Panchayat, Beruarbari, District Ballia and the respondents are further directed not to interfere in the functioning of the petitioner as Pramukh Kshetra Panchayat, Beruarbari, District Ballia.
Order Date :- 15.6.2010 pks