Stay updated with the latest - Click here to follow us on Instagram
Tags:
Journalism of Courage
The Lucknow Bench of Allahabad High Court on Friday reversed the previous Mayawati governments decision of creating a new district,which was then named Chhatrapati Shahuji Maharaj Nagar and recently renamed Amethi by the Akhilesh Yadav government. At present,there are 75 districts in the state including Amethi.
The district comprised three tehsils of Sultanpur district Amethi,Gauriganj and Musafirkhana and two of Rae Bareli district Salon and Tiloi.
The three-member bench comprising Justice Devi Prasad Singh,Justice Shabihul Hasnain and Justice Devendra Kumar Arora passed the order by holding the notification issued for the creation of the district on July 1,2010 as invalid.
After hearing the five writ petitions,the bench in its order said that the then governments decision to create a new district was taken at a time when a government notification banning any change in the boundaries of administrative units in view of the census was in force in the state.
The first attempt to create the district was taken by the Mayawati government on May 21,2003 when it issued a notification in this regard. However,on a petition challenging the governments action,a Division Bench of the High Court stayed the operation of the notification by an interim order on October 9,2003. While the petition was still pending,Mulayam Singh,who came to power later that year,decided to abolish the new district and issued the necessary notification on November 13,2003. Six years later,in view of the census operation,the Government of India,on September 22,2009,asked the states not to change the boundaries of various administrative units between January 1,2010 to March 31,2011. Following this,the UP government issued a notification on December 22,2009 under Rule 8 (4) of Census Rules freezing the boundaries of the administrative units.
However,even as the ban was in force,the state government issued a notification on July 1,2010,rescinding the Mulayam Singh governments notification dated November 13,2003,restoring the district of CSM Nagar and making Gauriganj its headquarters.
The issuance of the impugned notification,though administrative in nature,is violative of directives issued by the central government under rule 8 (4) of the census rules,1990,and as such barred by Article 246 (1) of the Constitution,hence invalid, the courts order said.
Earlier,the matter was being heard by a two-member bench,but due to a difference of opinion,it was referred to the larger bench.
Stay updated with the latest - Click here to follow us on Instagram
