PANCHAYAT RAJ ACT ULTRA
VIRES THE PROVISO TO ARTICLE 243Q (1) OF THE
CONSTITUTION OF INDIA?
Learned Special Government Pleader would submit that, in
view ... proviso to the Article 243Q(1) , all urban areas need not
be constituted as municipalities; an industrial township can be
constituted, in accordance with
exercise of powers by the
Governor to effectuate the action under
Article 243Q falls in the first or second part
of Article ... discharge of function
by the Governor in the context of Article
243Q , which has been introduced
consequent to Constitution (Seventy -
Fourth Amendment
Section 112-a is concerned, it does not offend Art.243Q of the Constitution. It only provides for constitution of centralized services in different municipalities ... word as meaning an institution of self-government constituted under Article 243Q. Article 243Q refers specifically to three types of municipalities, that is, a Nagar
that the exercise
of powers by the Governor by virtue of Article 243Q is an
exceptional and exclusive function of the Governor.
Therefore ... exercise of powers by the Governor to effectuate the action
under Article 243Q falls in the first or second part of
Article
notified and published in official gazette in tune with Article 243Q and
particularly clause 2 of the Constitution of India. Article 243Q deals
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with constitution of Municipalities which reads as under:-
"243Q. Constitution of Municipalities.-
(1) There shall be constituted in every State
Municipal Labour Union vs Ig ..Petitioner on 1 October, 2014
Author: S.C. Dharmadhikari
Bench
institution of Self-Government constituted under Section 12, read with Article 243Q of the Constitution of India, and includes a Municipal Corporation, a Municipal Council
institution of Self-Government constituted under Section 12, read with Article 243Q of the Constitution of India, and includes a Municipal Corporation, a Municipal Council
notification dated 29.12.2001 issued by the Governor in terms of Article 243Q of the Constitution of India. The Ministry of Finance vide Circular
India. It is contended that in terms of the provisions of
Article 243Q , a municipality is to be constituted for a
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smaller urban area ... quoted. Undisputedly, constitution of municipalities is
prescribed under Article 243Q of the Constitution of India,
which simply says that there shall be constituted in every
