Search Results Page
Search Results
1 - 10 of 24 (0.37 seconds)Article 243U in Constitution of India [Constitution]
Section 320 in Rajasthan Municipalities Act, 2009 [Entire Act]
Article 166 in Constitution of India [Constitution]
Article 243Q in Constitution of India [Constitution]
Rajasthan Municipalities Act, 2009
State Of Maharashtra & Ors vs Jalgaon Municipal Council & Ors on 14 February, 2003
In circumstances where new municipalities have been
created, Section 320 of the Act of 2009 holds the field and the
State Government can hold the election within six months from
the date of creation of new municipality. The validity of Section
320 of the Act of 2009 is not under challenge in these writ
petitions and hence the State Government is well within its
competence to have elections for these two newly created
Municipal Corporations i.e. Municipal Corporation, Jaipur Heritage
and Municipal Corporation, Greater Jaipur within a period of six
months from the date of their creation. Here, we can refer the
judgement of the Hon'ble Apex Court in State of Maharashtra &
Ors. vs. Jalgaon Municipal Council & Ors.-(2003) 9 SCC 731,
wherein also in place of Municipal Council, Municipal Corporation
for the municipal area Jalgaon was constituted just two months
(Downloaded on 06/12/2019 at 08:51:12 PM)
(19 of 23) [CW-19007/19,18880/19]
prior when term of the Municipal Council was coming to an end. It
was held by the Hon'ble Apex Court that some times, hiatus is an
unavoidable event which must take place in the process of
conversion of Municipal Council into a Municipal Corporation. It
was further held that in such circumstances, the provisions of
Article 243U cannot be resorted to and use of the expression "a
municipality" in sub-article (3) of the Article 243U in the context
and in the setting in which it is employed, suggests and means the
duration of the same type of municipality coming to an end and
the same type of successor municipality taking over as a
consequence of term of the previous municipality coming to an
end.
Pranoy Roy vs State Of West Bengal . on 11 May, 2015
In similar circumstances, the Hon'ble Apex Court in the case
of Pranoy Roy Vs. State of West Bengal & Ors.-(2015) 16 SCC 248
has refused to interfere where the elections to the municipal
bodies could not be held in time on account of re-constitution of
such bodies.
M/S. Mutha Associates & Ors vs State Of Maharashtra & Ors on 4 July, 2013
For repelling the submission raised by the petitioner as to
malice in law in issuing the notification dated 18.10.2019, the
learned Advocate General has placed reliance upon the
judgements of Hon'ble Apex Court in Ratnagiri Gas and Power
(Downloaded on 06/12/2019 at 08:51:12 PM)
(14 of 23) [CW-19007/19,18880/19]
Private Ltd. Vs. R.D.S. Projects Ltd.-(2013) 1 SCC 524 as well as
Mutha Associates & Ors. vs. State of Maharashtra & Ors.-(2013)
14 SCC 304.
Amar Nath Om Prakash And Ors. vs State Of Punjab And Ors. on 19 November, 1984
(18 of 23) [CW-19007/19,18880/19]
It is trite that judgements of Courts cannot be interpreted as
Statutes or Euclid's formula. Ratio decidendi of a judgement has to
be understood and interpreted in the facts of that particular case.
We find support from a larger bench judgement of the Hon'ble
Apex Court in M/s. Amar Nath Om Prakash & Ors. vs. State of
Punjab & Ors.-(1985) 1 SCC 345 wherein, it was held as under: