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1 - 10 of 13 (0.20 seconds)Article 243 in Constitution of India [Constitution]
The Provisions Of The Panchayats (Extension To The Scheduled Areas)
Article 154 in Constitution of India [Constitution]
The Maharashtra Village Panchayats Act, 1959
The Maharashtra Municipal Corporations Act, 1949
The Maharashtra Municipal Councils, Nagar Panchayats And Industrial Townships Act, 1965
Article 226 in Constitution of India [Constitution]
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.