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State Of U.P. & Ors.Etc vs Pradhan Sangh Kshettra Samiti & Ors. Etc on 24 March, 1995

14. The impugned Notifcation is issued in accordance with enabling power vested with Respondent No.1 - State under the law. The same is issued by Respondent No.1 - State in the name of Governor of Maharashtra. Article 154 of the Constitution of India is in respect of the executive power of State. It provides that, the executive power of the State shall be vested in the Governor and shall be exercised by him either directly or through ofcers 13 WP-8260-2022.odt subordinate to him, in accordance with the constitution. In the above-referred Judgment relied by the learned Assistant Government Pleader, the Notifcation issued under the Act of 1959 and under the provisions of Maharashtra Municipal Corporations Act, 1949, and under the provisions of Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 and under the provisions of Maharashtra Zilla Parihad and Panchayat Samitis Act, 1961 were challenged and it is observed that, admittedly, the Notifcation of cessation of village, which have been included in the newly constituted Corporation has been issued in "the name of the Governor", though not by the Governor himself and, therefore, in our considered view, it fully complies with the statutory requirement. It would not be out of context to state that, in State of U. P. and Others Vs. Pradhan Sangh Kshettra Samiti and Others ; AIR 1995 SC 1512, it is observed that, the Governor does not exercise the executive functions individually or personally and the executive action taken in the name of Governor is the executive action of the State.
Supreme Court of India Cites 56 - Cited by 558 - P B Sawant - Full Document
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