NAGAR PALIKA PARISHAD,ROORKEE AND ORS. Vs. STATE OF UTTARANCHAL & ORS.
LAWS(UTN)-2001-9-8
HIGH COURT OF UTTARAKHAND
Decided on September 28,2001

Nagar Palika Parishad,Roorkee and Ors. Appellant
VERSUS
State of Uttaranchal And Ors. Respondents


Referred Judgements :-

RAJ KUMAR DEY VS. TARAPADA DEY [REFERRED TO]


JUDGEMENT

ASHOK A.DESAI,J. - (1.)The petitioners have questioned the legislative competence of the State in enacting as well the constitutional validity of reviving original Section 10-AA and further more proviso with it, in U.P. Municipalities Act, 1916 Uttaranchal Act No. 1 of 2001. The impugned provision 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 Section 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 as President and Committees shall be vested in and be exercised, performed and discharged by (sic) 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." (Added)

(2.)THE prologue to challenge is thus:- The original Section 10-AA, as it then stood, contended 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 20-9-1999 in Anurag Narayan Singh, (1992) UPLBEC 170, struck down original Section 10-AA of the U.P. Municipalities Act, 1916 (U.P. Act No. 11 of 1910) 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 Section 10-AA from the Statute Book.
The Uttaranchal has been carved out from the erstwhile State of the Uttar Pradesh. On November 9, 2000 it has attained the statehood. The State of Uttaranchal initially by Ordinance No. 2 of 2000 on 11-12-2000 revived Section 10-AA incorporating the proviso therewith. Proviso stipulated that the term of the Administrator appointed under Section 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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