HC rejects ex-Nagar Palika chief?s request

THE ALLAHABAD High Court has rejected the request of Reshma Bi, former chairperson of Nagar Palika Parishad, Rampur. She filed a writ petition, seeking the right to contest election and a mandamus for allotting her an election symbol. The court refused to stay the election process of the Nagar Parishad, Rampur. However, the State Government order, issued on October 6 seeking the recovery of Rs 10 lakh, has been quashed by the court holding that the same was passed without recording the reasons and without giving her full opportunity to plead her points of view.

THE ALLAHABAD High Court has rejected the request of Reshma Bi, former chairperson of Nagar Palika Parishad, Rampur.

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She filed a writ petition, seeking the right to contest election and a mandamus for allotting her an election symbol. The court refused to stay the election process of the Nagar Parishad, Rampur.

However, the State Government order, issued on October 6 seeking the recovery of Rs 10 lakh, has been quashed by the court holding that the same was passed without recording the reasons and without giving her full opportunity to plead her points of view.

The court has allowed the State Government to pass a fresh order in the matter in accordance with the law.

A Division Bench comprising Justice AK Yog and Justice RK Rastogi, passed the order on a petition filed by her.

Arguing on behalf of the State, advocate general SMA Kazmi pointed out that even in the case of improper rejection of the nomination paper, the proper remedy for the petitioner can only be under section 19 of the UP Municipalities Act.

Citing series of decisions of the Supreme Court, he pointed out that once the notification for the election has been made, the process cannot be interfered with.

Accepting this argument of the advocate general, the court rejected the prayer of the petitioner regarding the right to contest and allotment of symbol. Besides, it refused to grant any stay of the election proceedings.

Counsel for the petitioner challenged the validity of the orders of October 6 and October 9. In these orders, the amount of Rs 10 lakh was sought to be recovered from Reshma Bi holding her to responsible for getting involved in misconduct during her tenure as chairperson.

These orders were passed by the State Government while deciding the representation of the petitioner under Section 48 (2)A of the Uttar Pradesh Municipalities Act in pursuance with the show-cause notice of March
31, 2005. She also challenged rejection of her nomination paper.

Light and sound programme:

THE ALLAHABAD High Court has expected that the ‘light and sound prograrmme’ at Chandrashekhar Azad Park, better known as Company Bagh, will start on or before January 1, 2007.

A Division Bench comprising Justice AK Yog and Justice RK Rastogi observed that ‘light and sound’ shall attract lot of tourists during the ensuing Ardh Kumbh mela from January 6, 2007 as well as round the year. “It shall be very educative and inculcate nationalism in the young generation, besides providing healthy recreation to all, particularly the university students who shall be attracted in large numbers as this park is situated just opposite the Hindu hostel of the Allahabad University,” the court said.

Regarding the application of Jai Singh Yadav, advocate, for placing the statue of the late Jawahar Lal Yadav, MLC, the court directed that the matter be referred to vice-chairman, Allahabad Development Authority, for consideration and appropriate orders as well as to submit report to the court on the next date of hearing.

Besides, the court directed the district magistrate, Allahabad, to get an estimate prepared for the construction of a boundary wall, a gate and for making essential repairs of the Government Girls Inter College, Civil Lines, within a week.

The court passed these directives on a PIL filed by Anand Mohan, a noted social activist of the district.