SC sets aside stay on creation of new district in Amethi
New Delhi: The Supreme Court Wednesday 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 RV Raveendran and HL
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
They had also sought a direction for restoring the
boundaries of Sultanpur and Rae Bareli districts prior to July
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.