BHANUMATI Vs. STATE OF UP

JUDGEMENT

(1.) These appeals have been filed assailing the judgment elated 6th February, 2009 by the Lucknow Bench of Allahabad High Court whereby the High Court upheld the Constitutional validity of U.P. Panchayat Laws (Amendment) Ordinance, 2007 (U.P. Ordinance 26 of 2007) which later on became U.P. Panchayat Laws (Amendment) Act, 2007 (U.P. Act 44 of 2007). As the validity of the said amendment was in issue in all the appeals, they were heard together and are decided by this judgment.

(2.) In the course of argument before this Court factual controversies were not very much raised. The appeals were mostly argued on the legality of the amendment from various angles which will be considered hereinabelow.

(3.) The administration of Kshetra Samities and Zila Parishads in Uttar Pradesh (hereinafter, UP) is governed by Uttar Pradesh Kshetra Panchayats and Zila Panchayats Adhiniyam, 1961 (hereinafter, '1961 Act'). Prior to that there was United Provinces Panchayat Raj Act, 1947. The 1961 Act suffered several amendments in 1965, 1976, 1990, 1994, 1998 & 2007 by U.P. Act 16 of 1965, U.P. Act 37 of 1976, U.P. Act 20 of 1990, U.P. Act 9 of 1994 and U.P. Act 44 of 2007 respectively. The 1994 amendment by U.P. Act 9 of 1994 was in respect of both the 1947 and 1961 Acts. That amendment was made in keeping with the objectives incorporated in the Constitution (73rd Amendment) Act, 1992.