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july 2013

Supreme Court of India · 2013-07-01

KAMAL JORA vs STATE OF UTTARAKHAND

Citation / case number
SC 2012/1387
Court
Supreme Court of India
Petitioner
KAMAL JORA
Respondent
STATE OF UTTARAKHAND
Author
A. K. PATNAIK
Bench
GYAN SUDHA MISRA A.K. PATNAIK

Judgment text excerpt

The Supreme Court held that the dissolution of the Municipal Council, Haridwar, under Section 3(2) of the Uttar Pradesh Municipal Corporations Act, 1959, violated the principles of natural justice as no opportunity of hearing was provided to the affected parties. The Court emphasized that Section 8-AA of the Act does not allow for automatic dissolution upon upgradation to a Municipal Corporation, thus reinforcing the necessity for a hearing. The appeal was allowed, quashing the notification of dissolution and directing the reinstatement of the elected representatives of the Municipal Council.

KAMAL JORA vs STATE OF UTTARAKHAND · Niyam