The Samajwadi Party has approached the Supreme Court challenging the cancellation of its office allotment in Pilibhit, calling the action “ill-conceived, abrupt and illegal,” and alleging it was done without notice or justification.
The Samajwadi Party approached the Supreme Court regarding the cancellation of its office allotment in Pilibhit, Uttar Pradesh.
In a special leave petition (SLP) submitted to the Supreme Court, the party challenges the validity of a decision made by the Allahabad High Court.
This decision dismissed a writ petition that was filed by the then District President of the Samajwadi Party in an individual capacity, ruling that no liberty would be granted to file a new petition on the same issue.
The SLP asserts that the former District President acted independently and did not have authorization from the party when initiating the legal proceedings.
It further states that the “Samajwadi Party wishes to contest the ill-conceived, abrupt and illegal decisions” made by the Pilibhit Nagar Palika Parishad but is hindered from doing so due to the High Court’s ruling preventing a new filing on the matter.
The SLP explains that since the party did not have an office in Pilibhit, it was allotted the premises in question in 2020, and a Letter of Possession was subsequently issued by the Pilibhit Nagar Palika Parishad.
However, in an order from 2020, the Executive Officer noted that proper procedures had not been followed for the property’s allotment, including the failure to conduct a public auction and register the rent agreement.
The SLP argues,
“The officials of Nagar Palika Parishad, Pilibhit as well as the Executive Officer, Nagar Palika Parishad, Pilibhit had neither given an opportunity of hearing to the Petitioner nor have they considered the facts or the law relevant in this case, before passing the Order,”
It also mentions that the party has consistently paid the annual rent, with payments made up to January 2021.
The petition claims that since the cancellation proceedings were not governed by the Public Premises Act, the Executive Officer’s order is beyond jurisdiction, as the allotment was made by the board of the Pilibhit Nagar Palika Parishad.
Additionally, it alleges that under political pressure, the Executive Officer and his associates have unlawfully interfered with the operation of the party’s office, making numerous attempts to forcibly close it down.