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High CourtsDivision Bench(2008) 04 AHC CK 0273

Murari Lal vs State of U.P. and Others

Allahabad High Court · Decided on 16 April 2008 · Citation: (2008) 3 AWC 2425 : (2008) 105 RD 271

HON’BLE JUDGES
Sudhir Agarwal, J · Anjani Kumar, J
RESULT
Dismissed
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Judgment

4 paragraphs · 214 words

Anjani Kumar and Sudhir Agarwal, JJ.—Heard learned Counsel for the petitioner and learned standing Counsel for the contesting respondents.

2.

The petitioner, who is elected as President (Chairman) of the Nagar Panchayat concerned, has challenged the order impugned by means of present writ petition.

3.

Learned Counsel for the petitioner contended that name of respondents 5 and 6 has been recommended for nomination as member of Nagar Panchayat concerned by the State Government in exercise of power u/s 9(1)(d) of Municipalities Act, 1916 (in short ''the Act''). It is further contended that since the respondents 5 and 6 are not the elected members, therefore, they cannot be nominated as members by the State Government in exercise of power under the aforesaid Act.

4.

We have gone through the impugned-order and the provisions of the aforesaid Act and we do not find that there is any such qualification or disqualification that in case a person, who is not an elected member of the Nagar Panchayat concerned, cannot be nominated by the State Government and even the District Magistrate has recorded a finding otherwise that respondents 5 and 6 are the residents of Nagar Panchayat concerned. In this view of the matter, we do not find any force in this writ petition. It is, accordingly dismissed.