SUNDARGARH ZILLA ADIVASI Vs. STATE GOVERNMENT OF ODISHA

JUDGEMENT

(1.) The primary question for consideration in this writ petition under Article 32 of the Constitution is whether the provisions of the Orissa Municipal Act, 1950 are applicable to Sundargarh district in Odisha.

(2.) It is not in dispute that Sundargarh district is a declared 'Scheduled Area' in terms of Clause 6(1) of the Fifth Schedule to the Constitution. This Clause reads as follows:

(3.) The administration and control of a Scheduled Area is provided for in Article 244 of the Constitution which reads as under:-