Sunil Sahai vs State Of U.P. And 2 Others
2013 Latest Caselaw 7289 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 10
 

 
Case :- WRIT - C No. - 64500 of 2013
 

 
Petitioner :- Sunil Sahai
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- K.K. Roy,S.K. Mishra
 
Counsel for Respondent :- C.S.C.,R.K. Verma
 

 
Hon'ble Arun Tandon,J.

Hon'ble Anjani Kumar Mishra,J.

Necessary impleadment will be done during the course of the day.

Issue notice to the newly impleaded respondent nos. 4 to 8 fixing 19th December, 2013 as on date fixed.

Steps will be taken by registered speed post A.D. within three days.

Order Date :- 4.12.2013

Priyanka

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Case :- WRIT - C No. - 64500 of 2013

Petitioner :- Sunil Sahai

Respondent :- State Of U.P. And 2 Others

Counsel for Petitioner :- K.K. Roy,S.K. Mishra

Counsel for Respondent :- C.S.C.,R.K. Verma

Hon'ble Arun Tandon,J.

Hon'ble Anjani Kumar Mishra,J.

Civil Misc. Stay Application No. 342960 of 2013

The original records pertaining to the nomination of five members in Nagar Palika Parishad, Bilari have been produced today before the Court with reference to our earlier order dated 26.11.2013. In our earlier order we had expressed surprise that all the persons nominated were members of one community. With reference to the order which was passed by us earlier the original records leading to the nomination of the members of the Nagar Palika Parishad, Bilari have been produced by the Standing Counsel.

We have examined the original records and, we find that except for a letter from the Secretary of the Samajwadi Party, Uttar Pradesh which bears no date giving the name of five persons belonging to one and the same community. There is absolutely no material on record of the original file which could establish that these five persons had any special knowledge or experience in municipal administration which is the basic requirement of Section 9 (1) (d) of the U.P. Municipalities Act 1916.  For ready reference Section 9 (1) (d) is quoted herein below:-

" Section (1) (d)- nominated members, who shall be nominated by the State Government by notification in the official Gazette, from amongst persons having special knowledge or experience in municipal administration and whose numbers shall in the case of-

I.Nagar Panchayat, be not less than two and not more than three.

II.Municipal Council, be not less than three and not more than five."

In our opinion it is the case of mere recommendation of names without any application of mind of the State Government, on the basis of material available with it  as there is no material on the record that these nominated persons  had have special knowledge or experience in municipal administration.  In absence of any material whatsoever or even a note being there that these nominated persons had any experience or special knowledge of municipal administration, we find that  the nominations have been rendered more on political considerations than on the considerations contemplated by Section 9 (1) (d) of the U.P. Municipalities Act, 1916.

The petitioner has therefore made out a case for grant of interim order.  Till the next date of listing, operation of the order dated 30.10.2013 order insofar as it pertains to the nominations to the Nagar Palika Parishad, Bilari shall remain stayed.

Order Date :- 4.12.2013

Priyanka