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36 For properly appreciating the rival contentions we would first make reference to the position and status of the Municipalities under the Constitution of India. Part IXA of the Constitution of India contains the provisions regarding "the Municipalities". Article 243P contains the definitions and insofar as the term "Municipality", Article 243P(e) defines the term to mean an Institution of Self Government constituted under Article 243Q of the Constitution of India. Article 243Q deals with "Constitution of Municipalities" whereas Article 243R deals with it's composition. The constitution and composition of Ward Committees, etc. is dealt with by Article 243S and Article 243T provides for reservation of seats. Article 243U provides for duration of Municipalities. Article 243V deals with disqualification for membership. Then, comes Article 243W, on which strong reliance is placed by Ms.Karnik, which reads as under:-

"17.
The first submission advanced by the learned counsel for the petitioners is that in view of the incorporation of certain Articles under Chapter-IXA of the Constitution, the Municipal Corporations and the Municipalities should have been given a free hand to take their own decision but the Legislature having prescribed the criteria, has transgressed the constitutional mandate. To appreciate the aforesaid submission, it is apposite to refer to certain provisions of the Constitution. Article 243Q deals with constitution of Municipality. By virtue of the said Article, the word 'Municipality' cover Municipal Corporation. This view has been taken by the Apex Court in the case of Cantonment Board, Secunderabad v. G. Venketram Reddy, AIR 1995 SC 1210. Article 243R deals with composition of Municipalities. Article 243S provides for constitution and composition of Wards Committees etc. Emphasis has been laid on Article 243Y which provides that the Finance Commission constituted under Article 243I shall also review the financial position of the Municipalities and make recommendations to the Governor as to the principles which should govern the distribution between the State and the Municipalities of the net proceeds of the taxes, tolls and fees leviable by the State. The said provision also prescribes the determination of the taxes, duties, tolls and fees which may be assigned to, or appropriated by, the Municipalities.