State of U.P. and Another vs Sher Baz Khan and Another

We have heard Mr P.N. Mishra, learned senior counsel for the appellants, Mr. Shakil Ahmed Syed, learned counsel for the first respondent and Mr. Syed Alt Ahmad, learned counsel for the second respondent.

Leave granted.

The controversy in this appeal arises from the order dated October 13, 2009 passed by the Appellant No. 1 - State of U.P. -whereby the first Respondent herein - Sher Haz Khan has been removed as President, Nagar Palika Parishad, Chandpur, District Bijnor. The first Respondent has challenged the legality and correctness of the order dated October 13, 2009 passed by the State Government in the High Court of judicature at Allahabad.

The Division Bench of that Court, by its order dated October 29, 2009, has stayed the operation of the order passed by the State Government. It is from this order that the present appeal, by special leave, arises.

Two things need to be noticed immediately by us. First, the petition challenging the order dated October 13, 2009 is pending before the High Court. Secondly, the tenure of the first Respondent as President, Nagar Palika Parishad, Chandpur, District Bijnor is by now over.

Having regard to these two circumstances, we are not inclined to consider the grievance raised by the present Appellants on merits. In our view, the interest of justice shall be subserved if the High Court decides the Writ Petition filed by the present first Respondent on merits irrespective of the fact that the tenure of the first Respondent as President, Nagar Palika Parishad, Chandpur. District Bijnor is over.

At this stage, we are informed that the first Respondent is in jail in connection with many criminal cases pending against him and presently the functions of the President, Nagar Palika Parishad, Chandpur, District Bijnor are being discharged by some Government official.

We, accordingly, dispose of this appeal by the following order:

i) The High Court of Allahabad shall decide the Writ Petition (C) No. 56565 of 2009 Sher Baz Khan v. State of U.P. and Anr. on merits and record a clear finding about the justification and correctness of the order dated October 13, 2009 passed by the State Government.

ii) In case, the order dated October 13, 2009 is upheld by the High Court, all legal consequences will follow against the first Respondent herein (petitioner before the High Court).

iii) Until fresh election of President, Nagar Palika Parishad, Chandpur, District Bijnor is held, the present arrangement shall continue.

No costs.