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11. It is required to bear in mind the relevant provisions of die Constitution before taking up the issue in controversy. The Constitution (Seventy Fourth Amendment Act, 1992) introduced in Part IXA of the Constitution. The amendment has come into force with effect from 20th April, 1993. Article 243-A of the Constitution of India commands that there shall be constituted in every State a Municipal Council for a smaller urban area in accordance with the provisions of die Act. All the seats in die Municipality is required to be filled by die persons chosen by direct election from die territorial constituencies in die Municipal area and for this purpose each Municipal area is required to be divided into territorial constituencies to be known as wards. Article 243-U mandates that every Municipality unless sooner dissolved under any law for the time being in force, shall continue for five years from the date appointed for its first meeting and no longer. 243-W speaks about the powers, authority and responsibilities of Municipalities and 243-X authorises and gives power to the Municipality to impose taxes by the Municipality. It is also required to notice that no election to any Municipality shall be called in question except by an election petition presented to such authority and in such manner as is proved for by or under any law made by the Legislature of the State. The constitution of the Municipality and its existence, continuance docs not depend upon the sweet will of any State Government as such. There is a constitutional mandate requiring every State to enact appropriate Legislation and constitute the Municipalities. The Legislature of every State is now required to make the law entrusting the Municipalities with necessary powers and authorities and to enable them to function as institutions of self-Government. Such law is required to contain provisions for devolutions of powers and responsibilities upon the Municipalities and in particular with respect to (i) preparation of plans for economic development and social justice; (ii) performance of functions and implementations of schemes as may be entrusted to them and particularly in relation to matters enumerated in the XIIth Schedule. Article 243-Y provides that the Finance Commission constituted under Article 243-Y to review the financial position of the Panchayats shall also review the financial position of the Municipalities and make recommendations of the Governor as to (a) the principles which should govern (i) the distribution between the State and the Municipalities, net proceeds of the taxes etc. leviable by the State, which may be divided between them (ii) determination of the taxes, duties etc. which may be assigned to, or appropriated by, by the Municipalities, (iii) grants-in-aid to the Municipalities from the consolidated fund of the State (b) the measures needed to improve the financial position of the Municipalities. The Governor is required to cause every recommendation made by the Commissioner together with an explanatory memorandum of accounts by the Municipalities as to the action taken thereon and to be laid before the Legislature of the State. The superintendence, directions and control of the preparation of electoral rolls, for, and the conduct of, all elections to the Municipalities shall be vested in the State Election Commission constituted under and in accordance with Article 243-K. The said provisions virtually mandate the States to pass appropriate Legislation in conformity with such Constitutional provisions.