Sandeep Alilas Sandeep Mehrotra vs State of U.P. and Others Hari Pratap Singh and Another Vs State of U.P. and Another Bismilla Khatoon Vs The State of U.P.

Sri Ravi Kiran Jain, learned Senior Counsel, assisted by Sri Pushkar Mehrotra, argued in rejoinder to the argument advanced by the State Government. Sri Jai Deep Narain Mathur, learned Additional Advocate General representing State of U.P., assisted by Sri Rakesh Bajpai, has argued again on the judgments cited by the petitioners counsel as well as with regard to legislative competence of the State under Entry 5 List 2 of the Constitution. He submits that constitutional power conferred under the Part-IX-A of the Constitution, empowers the State with regard to legislate law for Administrator.

On the basis of instructions, received from the Principal Secretary, Urban Development, U.P., Sri D.S. Mishra, a statement has been made by Sri Jai Deep Narain Mathur, learned Additional Advocate General that State shall wait only for a week from today to obtain necessary information from the Registrar General Census. In case no information is received, State shall proceed keeping in view the census of 2001. He further submits that delimitation has already been done. However, State has to provide reservation that shall take almost 45 days immediately after lapse of one week. He submits that the State shall notify the election immediately after 60 days from today. Thereafter, from the date of notification, State Election Commission may hold election within 45 days.

It has been admitted by learned Additional Advocate General that the term of municipalities expired between 15th-20th of November, 2011 throughout the State of U.P., according to the date of oath.

Heard learned counsel for the parties. Judgment is reserved.