Article 243X in Constitution of India
243X. Power to impose taxes by, and Funds, of, the Municipalities
The Legislature of a State
referred to as " GPMC Act ") as ultra vires to Article
243X of the Constitution of India. By way of amendment the petitioner ... JUDGMENT
illegal, without authority under the law and therefore, violative of
Article 243X of the Constitution of India.
[2.3] Shri Joshi, learned Counsel appearing
further submitted that in view of the provisions
contained in Article 243X of the Constitution, the Municipality can levy,
collect appropriate taxes, duties, tolls ... Municipality's power to tax is concerned,
Article 243X clearly states that this power can only be conferred on the
Municipality by the State
even otherwise
section 99 of the Municipalities Act is ultra vires Articles 243X and 265 of
the Constitution of India.
[5.2] It is vehemently submitted ... petitioner that section 99 of the
Municipalities Act is ultra vires Article 243X of the Constitution of India
because Article 243X authorizes the Municipality
sought
declaration that the said provision is ultra
vires to the Article 243X of the Constitution of
India.
Page 8 of 225
Downloaded ... attention of the court was
further invited to the provisions of
Article 243X of the Constitution and
more particularly, to clause (a) thereof
which provides
Municipalities Act ") as unconstitutional and utlra vires to Articles
243X(a) and 265 of the Constitution of India. The petitioner has also
challenged ... even otherwise section 99
of the Municipalities Act is ultra vires Articles 243X(a) and 265 of the
Constitution of India.
[5.2] It is vehemently
power to the Municipality to levy tax. It
is submitted that Article 243X of the Constitution of India
empowers the legislature of a State ... that additionally it
would also not comply with the requirement of Article 243X
since a Notification is not law as contemplated under the
Article
sought
declaration that the said provision is ultra
vires to the Article 243X of the Constitution of
India.
Page 8 of 225
Downloaded ... attention of the court was
further invited to the provisions of
Article 243X of the Constitution and
more particularly, to clause (a) thereof
which provides
sought
declaration that the said provision is ultra
vires to the Article 243X of the Constitution of
India.
Page 8 of 225
Downloaded ... attention of the court was
further invited to the provisions of
Article 243X of the Constitution and
more particularly, to clause (a) thereof
which provides
sought
declaration that the said provision is ultra
vires to the Article 243X of the Constitution of
India.
Page 8 of 225
Downloaded ... attention of the court was
further invited to the provisions of
Article 243X of the Constitution and
more particularly, to clause (a) thereof
which provides