High CourtsSingle Bench(2021) 06 UK CK 0110

Yogesh Johar vs State Of Uttarakhand & Another

Uttarakhand High Court · Decided on 24 June 2021

HON’BLE JUDGES
Manoj Kumar Tiwari, J
RESULT
Dismissed
CASE NUMBER
Writ Petition (M/S) No. 1785 Of 2018

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Judgment

14 paragraphs · 234 words

Manoj Kumar Tiwari, J

1.

Petitioner is a resident of Ward No. 5, Khera Rudrapur, District Udham Singh Nagar, who belongs to General category. According to him, Nagar

Palika Parishad, Rudrapur is divided into 20 Wards and during the election of Municipal Board held in 2008, Ward No. 5 was reserved for Other

Backward Classes (Male).

2.

In the present writ petition, petitioner has challenged the orders dated 25.05.2018 and 26.05.2018, whereby different Wards of Municipal

Corporation, Rudrapur were reserved for different weaker sections of the society. Petitioner has contended that the impugned orders have been

passed in violation of U.P. Municipal Corporation (Reservation & Allotment of Seats and Offices) Rules, 1994.

3.

Be that as it may, after filing of the writ petition, election for constituting the Municipal Boards of different Urban Local Bodies were held and the

new Board of Municipal Corporation, Rudrapur was elected in the year 2018, as per the reservation determined vide orders dated 25.05.2018 and

26.05.2018.

4.

Three years have gone by since filing of the writ petition. Persons elected as member of the Municipal Corporation, Rudrapur cannot be disturbed

at this stage, especially when no relief has been sought against them.

5.

In such view of the matter, the relief, as claimed in the writ petition, cannot be granted, after more than three years of holding of election.

6.

Accordingly, writ petition fails and is hereby dismissed.