AJAY KUMAR Vs. NAGAR PALIKA PARISHAD

JUDGEMENT

(1.) The Uttarakhand Municipality Act of 1996, defines the Municipality under sub sec. 9 of sec. 2 of the act. It is an Institution of a local self body constituted under article 243 (e) to be read with Article 243-c of the Constitution of India. The area of operation and functioning of the municipalities are governed by the bifurcation of its powers, which are to be exercised by the municipality in and over the field which are covered by sec. 60 and sec. 50 of the Act. The exercise of powers in relation to the aforesaid two provisions are regulated and controlled by the area of functioning covered by the schedule appended to the Act.

(2.) Facts which are necessary for considering, in the present case, are that a concluded contract was executed by Nagar Palika Parishad, Nainital, in relation to the four tender contracts:-

(3.) The said contracts which were executed by the municipality was governed by a concluded terms of the contract executed by a municipality of Nainital in favour of the successful bidders for each of the works, for the year 2022, the period of which was to commence from 1/10/2020 was ending on 31/3/2022. The contract thus executed which is annexure-1 to the writ petition would fall to be a contract within the ambit of Sec. 96 to be read with Sec. 97 of the Municipalities Act, which are extracted hereunder:-