Surendra Narain Dwivedi, J. - (1.) Writ petition No. 1155 has been filed by 24 Zila Parishads and their Adhyakshas; writ petition No. 1156 by 15 Zila Parishads and their Adhyakshas; writ petition No. 1157 by 5 Zila Parishads and their Adhyakshas; and writ petition No. 1250 by 2 Zila Parishads and their Adhyakshas. They are challenging the constitutionality of the U.P. Kshettra Samitis and Zila Parishads (Alpkalik Vyavastha) Adhyadesh, (U.P. Ordinance No. 6, 1970), 1970. It shall hereinafter be referred to as the Ordinance.
(2.) The Ordinance was promulgated by, the Governor on Match 23/1970. It was published in the U.P. Gazette, Extraordinary of the same date.
(3.) The preamble of the Ordinance states that it provides for certain temporary arrangements for the administration of the Zila Parishads pending a review of their constitution and functions and for matters connected therewith. It goes on to state that as a bill with the same object has already been passed by the State Legislative Assembly and as the State Legislative Council is not in session and the Governor is satisfied that circumstances exist which render it necessary for him to take immediate action to give effect to the provisions of the aforesaid bill, he is promulgating the Ordinance. Sec. 1 of the Ordinance specifies the title of the Ordinance. Sec. 2 is material for our purpose. It reads; - - "With effect from the commencement of this Ordinance, the provisions of the Uttar Pradesh Kshettra Samitis and Zila Parishads Adhiniyam, 1961 ................... shall, for a period of two years or until the reconstitution of the said Zila Parishads under Sec. 22 of the said Adhiniyam, whichever is earlier, have effect in relation to each of the Zila Parishads subject to the following provisions, namely: - - (a) notwithstanding anything in the said" Adhiniyam, the Adhyaksha, Upadhyaksha and members of the Zila Parishad shall cease to hold their respective officess; (b) all powers, functions and duties of the Zilla Parishad, its Adhyaksha, Upadhyaksha and Committees shall be vested in and be exercised, performed and discharged by the District Magistrate and the District Magistrate shall be deemed in law to be the Zila Parishad, Adhyaksha, Upadhyaksha or the Committee, as the occasion may require; (c) subject to any general or special orders of the State Government, the District Magistrate may in respect of all or any of the powers conferred on him by the last preceding clause delegate, subject to such conditions as he may think fit to impose, the powers so conferred, to any person or authority to be specified by him in that behalf; (d) the District Magistrate may in respect of all or any of the powers conferred on him by Clause (b) consult such body or committee as may be constituted by the State Government in that behalf; (e) the State Government may from time to time by notification in the Gazette make such incidental and consequential provisions, including provisions for adapting, modifying or suspending in whole or in part the operation of any provisions of the said Adhiniyam, as may appear to it to be necessary or desirable for any of the foregoing and connected purposes.";