LAWS(SC)-2022-5-36

SURESH MAHAJAN Vs. STATE OF MADHYA PRADESH

Decided On May 10, 2022
SURESH MAHAJAN Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) This writ petition assails the validity of Sec. 10(1) of the Madhya Pradesh Municipal Act, 1956, Ss. 12, 23 and 30 of the Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 and Sec. 29 of the Madhya Pradesh Municipalities Act, 1961 as being arbitrary and usurping the powers and independence of the State Election Commission.

(2.) By stated amendments, the State Government has been authorized to issue notification from time to time determining the number and extent of wards to be constituted in the concerned local bodies. More or less, similar situation obtains in the dispensation provided for in the State of Maharashtra, after the amendment of relevant enactments as noted in our order dtd. 4/5/2022 passed in SLP(C) No. 19756 of 2021 and connected cases.

(3.) The grounds urged in the present writ petition are similar to the issues raised and involved in the aforementioned matters pertaining to State of Maharashtra. This Court vide order dtd. 4/5/2022 has already noted that deeper examination of the questions raised by the parties will be necessary; and, therefore, the matters have been ordered to be posted for further hearing. It is appropriate that even this matter is heard along with the said group of cases. We order accordingly.