The Supreme Court provided interim relief to the Mayawati-led Uttar Pradesh government on Wednesday with a go-ahead for the operation of a new district carved out of Amethi Lok Sabha constituency represented by Rahul Gandhi.
The new district is named after Dalit icon Chhatrapati Shahuji Maharaj.
A bench headed by Justice R.V. Raveendran quashed the Allahabad High Court's interim order and asked the court to hear a public interest litigation challenging the creation of the new district.
The bench told the high court to pass appropriate orders after taking into account another bench's verdict that dismissed a petition challenging the new district's legality.
The bench added the concern raised by the state was justified as it talked of judicial indiscipline. "If the bench of the same court had dismissed the petition on August 11, the other bench should have considered it while passing a stay order on August 18," the court said. It also said that if the bench's opinion differed from the earlier judgment, it might refer the matter to a larger bench.
The apex court permitted the counsel for the petitioner before the high court to challenge its August 11 judgment as the bench did not have the jurisdiction to entertain a PIL.
Solicitor-general Gopal Subramanium told the apex court, on behalf of the census department, that the state government's notification to create the new district was against the December 22, 2009, notification under the Census Act. He added the notification was issued for carrying out the census and prohibited state governments to change boundaries or nagarpalikas, talukas, police stations, tehsils and blocks.
The state had moved the apex court challenging the August 18 interim order of the Lucknow bench that stayed the new district's creation till March 31 next year or till further orders.