The division bench of the Uttarakhand High Court has overturned the earlier decision of the single bench regarding the delimitation and upgradation of urban local bodies in the State. This decision is being seen as a major relief for the State Government. After hearing the state government special appeal challenging the single bench decision for two days, the division bench comprising Chief Justice KM Joseph and Justice Sharad Kumar Sharma pronounced its judgement in the evening ordering a stay on the earlier decision of the single bench. According to sources, now the matter of the date for urban local body elections and reservation for the same will be heard by the single bench on May 24.
It will be recalled here that on May 14, the single bench of the high court had cancelled the state government notification regarding the delimitation of urban local bodies (UlBs) which had resulted in merger of sub-urban and rural areas under Panchayats with UlBs. The single bench of justice Sudhanshu Dhulia had stated that the Governor and not the government is authorised to issue the notification. It had further observed that the process of delimitation cannot be imposed on the public. The state government had then filed a special appeal in the division bench of the high court, challenging the decision of the single bench.
Earlier, dozens of people including elected Panchayat representatives from Dehradun, Pauri, Haridwar, Pithoragarh, Uttarkashi, Rudraprayag, Nainital and Udham Singh Nagar had challenged the delimitation carried out by the state government in the high court of Uttarakhand. The petitioners had challenged the notification issued on April 5 this year according to which the government had given the go-ahead to delimitation in 41 UlBs including municipal corporations, municipalities and Nagar Panchayats.