New Delhi:
The Supreme Court today set aside the interim order of the Allahabad High Court staying restoration of a district named after Dalit icon Chatrapati Shahuji Maharaj,carved out of Amethi Lok Sabha Constituency represented by Rahul Gandhi.
The apex court decided the issue in favour of Mayawati government on the ground that a similar petition was dismissed by the High Court on August 11.
A bench comprising Justices R V Raveendran and H L Gokhale said that the High Court bench which passed the interim order on August 18 should have taken into account the order of August 11 of its own bench.
"Judicial propriety demanded that the High Court should have considered the final judgement of August 11. It could not have taken a different stand," the bench said.
The Uttar Pradesh government had moved the apex court challenging the August 18 interim order of the Lucknow Bench of the High Court which stayed restoration of the new district till March 31 next year or till further orders.
The state government had appealed against the order which had restrained the operation, implementation and execution of a July 1 notification issued by UP government creating Chatrapati Shahuji Maharaj Nagar district.
The High Court had on August 18 passed the order on the petition filed by one Manoj Kumar Rastogi and two others seeking quashing of the July 1 notification in view of the specific embargo placed through an earlier notification that no change in the boundaries that impedes ongoing census should take place.
They had also sought a direction for restoring the boundaries of Sultanpur and Rae Bareli districts prior to July 1 notification.
The Chatrapati Shahuji Maharaj Nagar district included within it five tehsils of Sultanpur and Rae Bareli districts which form part of Amethi constituency.
Chief Minister Mayawati had ordered formation of Chatrapati Shahuji Maharaj Nagar district on May 21, 2003 but following a change of guard her arch political rival Mulayam Singh Yadav had scrapped it on November 23 the same year.
In December 2003, a lawyer of Amethi, Uma Shankar Pandey, had challenged the order scrapping the formation of the district in the High Court.
The apex court decided the issue in favour of Mayawati government on the ground that a similar petition was dismissed by the High Court on August 11.
A bench comprising Justices R V Raveendran and H L Gokhale said that the High Court bench which passed the interim order on August 18 should have taken into account the order of August 11 of its own bench.
"Judicial propriety demanded that the High Court should have considered the final judgement of August 11. It could not have taken a different stand," the bench said.
The Uttar Pradesh government had moved the apex court challenging the August 18 interim order of the Lucknow Bench of the High Court which stayed restoration of the new district till March 31 next year or till further orders.
The state government had appealed against the order which had restrained the operation, implementation and execution of a July 1 notification issued by UP government creating Chatrapati Shahuji Maharaj Nagar district.
The High Court had on August 18 passed the order on the petition filed by one Manoj Kumar Rastogi and two others seeking quashing of the July 1 notification in view of the specific embargo placed through an earlier notification that no change in the boundaries that impedes ongoing census should take place.
They had also sought a direction for restoring the boundaries of Sultanpur and Rae Bareli districts prior to July 1 notification.
The Chatrapati Shahuji Maharaj Nagar district included within it five tehsils of Sultanpur and Rae Bareli districts which form part of Amethi constituency.
Chief Minister Mayawati had ordered formation of Chatrapati Shahuji Maharaj Nagar district on May 21, 2003 but following a change of guard her arch political rival Mulayam Singh Yadav had scrapped it on November 23 the same year.
In December 2003, a lawyer of Amethi, Uma Shankar Pandey, had challenged the order scrapping the formation of the district in the High Court.
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