Court No. - 1 Case :- MISC. BENCH No. - 53 of 2010 Petitioner :- Anurag Khandelwal S/O Om Prakash Khandelwal & Ors. Respondent :- State Of U.P. Thru Secy. Nagar Vikas & Ors. Petitioner Counsel :- Sharad Nandan Ojha Respondent Counsel :- C.S.C. Hon'ble Pradeep Kant,J.
Hon’ble Ritu Raj Awasthi,J.
Heard the counsel for the petitioners Sri Sharad Nandan Ojha, Sri O.P.
Srivastava for Election Commission, Sri D.K. Upadhyaya, learned Chief
Standing Counsel and Sri J.N. Mathur, learned Additional Advocate General
for the State of U.P.
The petitioners, who claims themselves as nominated members of local body,
namely, Municipality, Pratapgarh, have filed the present writ petition, feeling
aggrieved by non-inclusion of their names in the voter list prepared for the
biennial election to the State Legislative Council from their local authorities
constituency, namely, Pratapgarh. Their contention is that because of the
interim order passed by this Court in Writ Petition No. 9760 (MB) of 2009
dated 14.10.09, their names have been excluded.
An argument has been raised that they should be allowed to participate in the
elections, in view of amended proviso to Section 9 of the U.P. Municipalities
Act, 1916, as amended by the Uttar Pradesh Urban Local Self-Government
Laws (Amendment) Act, 2005 (U.P. Act No. 8 of 2005), permitting such
nominated members also to participate in the meetings of the municipalities,
but in view of the fact that the aforesaid amendment is repugnant to the
provision of proviso to Article 243-R of the Constitution, which deals with the
constitution of Municipalities, no such relief can be granted to the petitioners,
particularly when in the instant case, the petitioners have approached this
Court after the voter list has been finalised and after the date of filing
nominations by the contesting candidates.
No direction can be issued for including the names of the petitioners in the
voter list at this stage.
The petition is dismissed accordingly.
Order Date :- 6.1.2010
MFA