construed on the principles of by necessary implication. Under Article 243-R of the Constitution of India, only the persons specified under Section ... fact the provisions of this Article are paramateria to Section 9 of the Act. Clause (2) of Article 243-R of the Constitution is indicative
could be equated with a subordinate legislation. It is contended that Article 243-R of the Constitution is not a Central Legislation, but was brought ... Mittal next contended that Article 243-R of the Constitution of India lays down the guidelines for the composition of Municipalities and from a reading
Committee constituted under Article 243-S of
the Constitution of India. The proviso to Article 243-R (2) (a)
of the Constitution of India denies ... from Article 243-C of
the Constitution of India. Article 243-C of the Constitution of
India deals with composition of Panchayaths. Article 243
Section
352(1) of the Act, 1964 and also under Article 243-R of the
Constitution of India, hence a person nominated has no
right ... also include
nominated members would defeat the very object of
Article 243-R of the Constitution of India. Hence, the
Court must look into
Municipality. A reading of the
said Article make things very clear. Article 243 R runs as follows:
Article 243 R: Composition of Municipalities:
(1) Save ... this case, is the Mayor. Clause (b) of sub-Article (2) of Article 243 R of
the Constitution leaves this aspect to the State Legislatures
Clause (e) of Article 243-P to mean an institution of self-government constituted under Article 243-Q. Article 243-Q provides that there shall ... this part. Article 243-R deals with the composition of Municipalities and it reads as under:
"243-R. Composition of Municipalities - (1) Save
rules framed thereunder.
(v) Declare that the proviso to Article 243-R
(2)(a) of the Constitution of India is ultra
vires ... Article 14 of the Constitution of India
and contrary to the basic structure of the
Constitution.
Or read down the proviso to Article 243-R
number of members holding office at the time."
18. Finally, Article 243-R of the Constitution of India has an important bearing ... specifically debars a nominated member from exercising right to vote. Likewise, Article 243-R of the Constitution of India provides that members who enjoy representation
Municipality. A reading of the
said Article make things very clear. Article 243 R runs as follows:
Article 243 R: Composition of Municipalities:
(1) Save ... this case, is the Mayor. Clause (b) of sub-Article (2) of Article 243 R of
the Constitution leaves this aspect to the State Legislatures
made to the
provisions of the Constitution of India in particular Article 243(R) which is
extracted herebelow:-
"243R. Composition of Municipalities.- (1) Save ... contrary to the provisions, spirit and basic
structure contained in Article 243(R) and scheme of Chapter IX-A of
the Constitution of India. Consequently
