S.N.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 Adh yakshas; 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 (Alp-kalik Vyavastha) Adhyadesh, (U. P. Ordi nance No. 6, 1970), 1970. It shall herein after be referred to as the Ordinance.
(2.) THE Ordinance was promulgated by the Governor on March 23, 1970. It was published in the U. P. Gazette, Extra ordinary, of the same date. The preamble of the Ordinance states that it provides for certain tempo rary 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 Le gislative Assembly and as the State Le gislative 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. Section 1 of the Ordinance specifies the title of the Ordinance. Section 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 Pari shads under Section 22 of the said Adhi-niyfim, whichever is earlier, have effect in relation to each of the Zila Parishads subjectto the following provisions, namely:- (a) notwithstanding anything in the said Adhiniyam, the Adhyaksha, Upa-dhyaksha and members of the Zila Parishad shall cease 'to hold their respective offices; (b) all powers, functions and duties of the Zilla Parishad, its Adhyaksha, Upa-dhyaksha and Committees shall be vested, in and be exercised, performed and dis charged 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 Dis trict Magistrate may in respect of all or any of the powers conferred on him by the last preceding clause delegate, subjectto 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 res pect .of all or any of the powers con ferred on him by clause (b) consult such body or committee as may be constitut ed by the State Government in that be half; (e) the State Government may from time to time by notification in the Gazet te- make such incidental and 'consequen tial 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."
(3.) WE shall now set forth broadly the grounds of attack against the Ordinance. They are: 1. As the Legislative "Council was In session on March 23, 1970, the Governor could not promulgate the Ordinance. 2. As the Ordinance has been promul gated without obtaining instructions1 from the President, it is unconstitutional. 3. There did not exist circumstances which could render it necessary for the Governor to take immediate action. 4. The Governor has exercised the Ordinance making power mala fide. 5. The subject matter of the Ordi nance is beyond the law-making power of the Governor. 6. The Ordinance is inconsistent with the provisions of Article 171(3) (a) of the Constitution. 7. The Ordinance is inconsistent with the provisions of Article 14 of the Consti tution. 8. Clauses (c), (d) and (e) of Section 2-of the Ordinance suffer from excessive delegation of legislative power. ;