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4. ???? ???? ????? ???? ????? ????????? ??????? ??? ????? ?? ?? ??? ????? ????? ????? ??????? ??? ?????????? ? ??????????? ?? ?????? ??? ?? ???????? ?????? ???? ????? ??? Major Policy Decision ???? ????
5. ???????? ??????-4078/9-1-22-119???/201 ?????? 04.01 2023 ?? ?? ???? ?? ????? ???? ???? ??????? ?????? ?? ????? ?? ????????? ???? ????

In the District of Sambhal, the District Magistrate thought that he was neither bound by orders of the Supreme Court dated 01.04.2023 nor the Government Order dated 10.01.2023, in order to manage the affairs of the Nagar Palika Parishad, Sambhal, the term of which had expired. He appointed the Additional District Magistrate (Finance & Revenue) as the Administrator.

These are the two provisions, on the foot of which, the District Magistrate has purportedly appointed the Additional District Magistrate (Finance & Revenue) as the Administrator of the Nagar Palika Parishad, Sambhal awaiting the installation of an elected body in office. The Additional District Magistrate, while functioning as the Administrator, has passed the order impugned dated 28.03.2023, which the petitioner challenges. Now, the order impugned seeks to set aside or revoke earlier orders dated 23.04.2021, 02.06.2021, 29.10.2021 and 11.11.2021 passed by the Chairman of the Nagar Palika Parishad, Sambhal granting increments, promotion etc. to the petitioner, a permanent employee of the Nagar Palika Parishad.
On the other hand, it is contended by the learned Additional Chief Standing Counsel and Mr. Saurabh Tiwari that the impugned order has been passed well within the four corners of the statute and does not call for interference. They further submitted that the impugned order is otherwise valid in law and ought not to be disturbed on account of lack of jurisdiction in the Additional District Magistrate.
Upon hearing learned Counsel for parties, this Court is of opinion that in the present matter, the District Magistrate, Sambhal was not at all exercising powers under Section 10A of the Act of 1916, notwithstanding that it may be attracted to the facts here. This is a case where the issue was up for consideration before their Lordships of the Supreme Court in Special Leave Petition (C) No. 128 of 2023, where interim orders have been passed, making an arrangement to govern the affairs of all local bodies in the State, whose term had come to an end and until the elected representatives were returned to office, providing for the constitution of a three-member committee headed by the District Magistrate. The constitution of the committee is also spelt out in the directions of their Lordships carried in the order dated 04.01.2023. In compliance with those directions of the Supreme Court, the State Government issued a Government Order dated 10.01.2023, strictly enforcing the directions of the Supreme Court. The District Magistrate, therefore, could have only functioned as the Chairman of the mutli-membered committee comprising himself, with the Chief Executive Officer of the Nagar Palika Parishad and another district-level Officer to be nominated by the District Magistrate. He could not have acted by himself and appointed an Administrator to function on his behalf, invoking provision of sub-Section (4) of Section 10A of the Act of 1916. Also, while functioning as a committee to manage the affairs of the Nagar Palika Parishad, Sambhal, the multi-membered body could not take any 'major policy decision'. That is an embargo which comes from the directions of the Supreme Court carried in the impugned order dated 04.01.2023. The Government Order dated 10.01.2023 also faithfully echos the directions of their Lordships in this behalf.
In the result, this writ petition succeeds and is allowed. The impugned order dated 28.03.2023 passed by the Administrator/District Magistrate (Finance and Revenue), Sambhal is hereby quashed. The consequences shall follow, but with liberty to the Nagar Palika Parishad, Sambhal to take such appropriate steps, as advised.
There shall be no order as to costs.
Order Date :- 10.8.2023 I. Batabyal