M.KATJU, J. - (1.) THIS writ petition has been filed for a writ of certiorari to quash the election of Vice President of Nagar Palika Parishad, Amroha, J.P. Nagar held on 22 8 2004 in pursuance of the notification dated 26 7 2004 Annexure 1 to the writ petition. It has also been prayed that Section 54 of the U.P. Municipalities Act, 1916 be declared ultra vires Article 243 R of the Constitution which was introduced by the 74th Constitutional Amendment. We have heard the learned counsel for the parties.
(2.) A counter affidavit has been filed in this case on behalf of the State Government. An affidavit of service has also been filed by the petitioner stating that the petitioner went to serve respondent No. 5 on 3 9 2004 in presence of witnesses but the respondent No. 5 refused to accept the notice. The petitioner then sent notice to respondent No. 5 through registered post and the notice was also pasted on the door of the respondent No. 5 and was published in the Hindi newspapers 'Swatantra Bharat' and 'Amar Ujala' vide Annexure 3. In these circumstances we are deeming service of notice on respondent No. 5 to be sufficient. It is alleged in paragraph 3 of the writ petition that the petitioner is duly elected member of Nagar Palika Parishad, Amroha, J.P. Nagar since 2000 and he has been functioning as such. A notification dated 26 7 2004 was issued by the State Election Commission, respondent No. 2, in exercise of powers under Article 243 Z.A. read with Section 13 B of the U.P. Municipalities Act directing all local bodies and Nagar Panchayats to hold election of the Vice President as per schedule mentioned in the notification. True, copy of the notification dated 26 7 2004 is Annexure 1 to the writ petition.
(3.) IN pursuance of the aforesaid notification issued by the respondent No. 2, the respondent No. 3, District Magistrate, J.P. Nagar issued notice dated 31 7 2004 for holding election to the post of Vice President of Nagar Palika Parishad, Amroha vide Annexure 2 to the petition. Thereupon the election to the post of Vice President, Nagar Palika Parishad, Amroha was held on 22 8 2004 and respondent No. 5 was elected as Vice President.;