STATE OF RAJASTHAN Vs. ASHOK KHETOLIYA

JUDGEMENT

(1.) The present appeal is directed against an order passed by the High Court of Judicature of Rajasthan dtd. 28/4/2015 whereby a notifica- tion dtd. 12/8/2014 declaring Gram Panchayat Roopbas, District Bharatpur as Municipal Board was set aside. The High Court found that no public notification as contemplated under Article 243Q(2) of the Constitution of India has been produced specifying Gram Panchayat Roopbas as a "transitional area" and thus, it cannot be declared as a Municipal Board.

(2.) The Constitution (Seventy-Fourth Amendment) Act, 1992 introduced Part IXA in the Constitution which came into force on 20/4/1993. The Statement of Objects and Reasons as was published in the Gazette on 16/9/1991 when the Bill was introduced is as under:

(3.) Article 243ZF of the Constitution mandated that any provision of any law relating to Municipalities in force in a State immediately before the commencement of the Constitution (Seventy-fourth Amendment) Act, 1992, which is inconsistent with the provisions of Part IXA shall continue to be in force until amended or repealed by a competent Legislature or any other competent authority or until the expiration of one year from such commencement whichever is earlier. Article 243ZF reads thus: