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6. On the other hand, Mr. Nagesh Aggarwal, the learned counsel for the Nagar Panchayat, Piran Kaliyar, the respondent no.2, has raised the following counter- contentions:-
Firstly, Article 243-W of the Constitution of India grants the State Legislature the power to endow the Municipalities with such powers and authority as may be necessary to enable them to function as institutions of self- government. The State Legislature is further empowered to enact such laws which may contain provisions for devolution of power and responsibilities upon the Municipalities in general, and in two areas, in particular, namely, (i) the preparation of plans for economic development and social justice; (ii) the performance of functions and the implementation of schemes as may be entrusted to them including those in relation to the matters listed in the Twelfth Schedule of the Constitution.
10. In order to resolve the controversy, it is appropriate to reproduce the relevant provisions of law.
11. Article 243-W of the Constitution of India is as follows:-
"243W. Powers, authority and responsibilities of Municipalities, etc.--Subject to the provisions of this Constitution, the Legislature of a State may, by law, endow--
(a) the Municipalities with such powers and authority as may be necessary to enable them to function as institutions of self-government and such law may contain provisions for the devolution of powers and responsibilities upon Municipalities, subject to such conditions as may be specified therein, with respect to--
12. A bare perusal of the said Article clearly reveals that it is an enabling provision which bestows the power upon the legislature of the State to endow the Municipalities with such powers and authority as would make the Municipalities as institutions of self-government. The law, so enacted, may contain provisions for devolution of powers and responsibilities. More specifically dealing with the preparation of plans for economic development and social justice, and for the performance of functions and the implementation of schemes as may be entrusted to them including those areas which are contained in the Twelfth Schedule.