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2026 DAILYLAW 13961 (ALL)

JANSEWA TRUST, NAGINA AND ANOTHER v. STATE OF U.P. AND 4 OTHERS

WPIL/1451/2026 · 2026-10-05

Arun Bhansali, Kshitij Shailendra

Public Interest Litigationbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 1451 of 2026 Chief Justice's Court HON'BLE ARUN BHANSALI, CHIEF JUSTICE HON'BLE KSHITIJ SHAILENDRA, J. 1. This petition has been filed by the petitioner-Trust seeking a direction to remove respondent no. 4, President of Nagar Palika Parishad, Nagina, Bijnor under Section 48 of Uttar Pradesh Municipalities Act, 1916 (' the Act') for violation of provisions of Sections 95 and 99 of the Act. 2. Submissions have been made that the work in the Nagar Palika Parishad ('Parishad') was undertaken without seeking approval from the Board. 3. After the petition was filed, based on the inquiry report, instructions were sought from the respondents, wherein after seeking time on two occasions, now an order dated 30.09.2026 passed by the Special Secretary has been produced inter alia indicating that after issuing show cause notice to respondent no. 4 and receiving her response, though it was found that provisions of the Act were violated, the work was undertaken after seeking written consent from the members of the Parishad and later on, the same was approved by the Board on 23.08.2025. No financial irregularity or loss to the Parishad was found and that above violation of the provisions took place on account of the serious illness, advanced age of the President, based on which the authorities has dropped the proceedings under Section 48 of the Act while issuing warning to the President not to repeat the same violation in future. 4. Though, counsel for the petitioner attempted to make submissions regarding the inadequacy in issuing the warning despite admitted Versus Counsel for Petitioner(s) : Umair Mahmood Counsel for Respondent(s) : A. K. Goyal (A.C.S.C.) Jansewa Trust, Nagina and another .....Petitioner(s) State of U.P. and 4 others .....Respondent(s) violation, in view of the related finding arrived at by the authority regarding lack of any loss or wrong doing, we do not find any reason to continue with the present petition. The same, accordingly, stands disposed of. October 6, 2026 SL/Sazia WPIL No. 1451 of 2026 2 (Kshitij Shailendra,J.) (Arun Bhansali,CJ.) Digitally signed by :- SHYAM LAL High Court of Judicature at Allahabad