NAGAR PALIKA PARISHAD ROORKEE Vs. STATE OF UTTARANCHAL
LAWS(UTN)-2001-9-1
HIGH COURT OF UTTARAKHAND
Decided on September 28,2001

NAGAR PALIKA PARISHAD, ROORKEE Appellant
VERSUS
STATE OF UTTARANCHAL Respondents




JUDGEMENT

ASHOK A.DESAI, C.J. - (1.)The petitioners have questioned the legislative competence of the State in enacting as well the constitutional validity of reviving original S. 10-AA and further adding proviso with it, in U.P. Municipalities Act, 1916, by Uttaranchal Act No. 1 of 2001. The impugned provisions read as thus :
"10-AA. Temporary provisions regarding administration of a Board until a new Board is constituted :- (1) Where in circumstances other than those mentioned in S. 11, the term or the extended term of the Board has expired and a new Board has not been constituted, then until the due constitution of the new Board:- (a) All powers, functions and duties of the Board, its President and Committees shall be vested in and be exercised, performed and discharged by an officer appointed in that behalf by the State Government (hereinafter referred to as the Administrator), and the Administrator shall be deemed in law to be the Board, the President or the Committee, as the occasion may require....... (Original) Provided further that the Administrator appointed under this section shall have a term not exceeding six months, or after the new board is constituted, whichever is earlier."
The prologue to challenge is thus :- The original S. 10-AA, as it then stood, conferred unbridled power on the Government in the matter of appointment of the Administrator in absence of prescription of any time limit. The Division Bench of Allahabad High Court by judgment dated 20-9-1991 in Anugrah Narain Singh (1992) 1 UPLBEC 170, struck down original S. 10-AA of the U. P. Municipalities Act, 1916 (U.P. Act No. 11 of 1916) holding the same as ultra vires and repugnant to the spirit of Local Self Government. The U.P. Legislation by Act No. 12 of 1994 deleted the said S. 10-AA from the Statute Book.
(2.)The Uttaranchal has been carved out from the erstwhile State of Uttar Pradesh. On 9/11/2000 it has attained the Statehood. The State of Uttaranchal initially by Ordinance No. 2 of 2000 on 11-12-2000 revived S. 10-AA incorporating the proviso therewith. Proviso stipulated that the term of the Administrator appointed under S. 10-AA, in any case, shall not exceed more than six months. Subsequently the Ordinance was converted into Act No. 1 of 2001.
(3.)Elections of Municipal Board of Hardwar and Roorkee were held on 29-12-1995 and 30-12-1995 respectively. The normal period of five years expired in first week of January 2001. For constitution of new Board, the election became due before expiry of the said period. Since new Municipal Board could not be constituted, Administrator was appointed by order dated 11-12-2000 from 1-1-2001 in exercise of the powers under the impugned proviso.
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