Document Fragment View

Matching Fragments

21. The legitimacy of the continuance of the Council consisting of members of the erstwhile TMC along with the members nominated by the Government in terms of clause (j) of sub-Section (1) of Section 359 and clause (d) of Section 360, is required to be tested on the touchstone of the Constitutional provisions. Article 243R mandates all the seats in the Municipality to be filled up with persons chosen by direct election. Article 243T mandates reservation of seats for Scheduled Castes and Scheduled Tribes in proportion to the population of Scheduled Castes and Scheduled Tribes within the municipal area. One-third of all category of seats are required to be reserved in favour of women. Article 243U mandates duration of five years for every municipality. No amendment is permitted which would cut short the duration stipulated under Article 243U. Even if the municipality is dissolved, election is mandated to be held within six months from the date of dissolution. Such election shall not be required if the remainder of the term of the elected body is less than six months. Most importantly, Article 243W provides that the State Legislature may, by law, endow 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.