- (1.) By means of the present writ petition filed under Article 226 of the Constitution of India, the petitioner, Krishna Gopal Varshney, seeks the following reliefs: 1. Issue a writ, order or direction in the nature of certiorari for quashing the impugned notification dated 25.4.2012 issued by respondent no.1 under section 9-A(5)(3) of the U.P. Municipality Act. 2 Issue a writ, order or direction in the nature of mandamus directing the respondents to decide the objection filed by the petitioner after complying the ingredients of section 9-A (5)(1)(f) of the U.P. Municipality Act, 1916. 3. Issue a writ, order or direction in the nature of mandamus, restraining the respondents from holding the election on the basis of impugned notification dated 25.4.2012. 4. Issue any such other and further order which this Hon'ble Court may deem fit and proper under the circumstances of the case. 5. Award the cost of the writ petition to the petitioner against the respondents.
(2.) By way of an amendment application filed on 28th May, 2012 which was allowed by the Court vide order dated 29th May, 2012, the petitioner has added the following relief: 1A. Issue a writ, order or direction in the nature of certiorari to summon the record regarding the publication of notification dated 23.5.2012 from the concerned authority and to quash the notification 23.5.2012 (Annexure -7) to the writ petition. FACTS OF THE CASE:
(3.) Briefly stated the facts giving rise to the present writ petition are as follows:- The petitioner is resident of Mahavirganj, Jalesar, District Etah. He is stated to be interested in the election of the office of the Chairperson of Nagar Palika Parishad, Jalesher. The State Government through its Special Secretary, Nagar Vikash Anubhag, Lucknow vide notification dated 25th April, 2012 purporting to be in exercise of powers under sub-section (5)(1) of section 9-A of the U.P. Municipalities Act, 1916 (hereinafter referred to as the 'Act') reserved the office of the Chairperson of Nagar Palika Parishad, Jaleser for Scheduled Caste. Objections were invited by 3rd May, 2012. The petitioner filed his objection on 1st May, 2012. In the objection it was stated by the petitioner that in the elections held in the year 2006, the office of the Chairperson of Nagar Palika Parishad, Jalesar was reserved for the Scheduled Caste which violates the provisions of sub-section (5)(1)(f) of section 9-A of the Act as it prohibits making reservation for the same category which was done in the previous election. Various other objections were raised. The petitioner apprehended that the State Government is of the view that clause (f) of sub-section (5)(1) of section 9-A of the Act is not attracted to the present election and determined to publish the final notification on the basis of the draft notification dated 25th April, 2012 on some legal opinion obtained from the Advocate General, Uttar Pradesh and inviting objections are merely an eye wash. On this apprehension the petitioner approached this Court by filing the present writ petition on 15th May, 2012. During the pendency of the writ petition the State Government decided the objection filed by the petitioner by rejecting the same and vide notification dated 23rd May, 2012 it had published the final list of reservations made for the office of the Chairperson of the various Nagar Palika Parishad. The office of the Chairperson of the Nagar Palika Parishad, Jalesar. Etah has once again been reserved for Scheduled Caste as already proposed in the notification dated 25th April, 2012. The notification dated 23rd May, 2012 has been issued mechanically without application of mind by rejecting the objection filed by the petitioner and the earlier notification dated 25th April, 2012 remains unchanged, which is in complete ignorance of the provisions of the Act. The view of the State Government treating the present election to be the first election of the local bodies after the Amending Act No. 25 of 2006 came into force is erroneous as the present election cannot be treated as the first election. Further the notification dated 23rd May, 2012 is hit by the provisions of section 9-A(5)(1)(f) which provides that a seat which has been reserved for a particular caste/category in the previous election shall not be reserved for the same in the next election.;