KASAMBHAI NOORMOHMAD KHATI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY this petition under Article 226 of the Constitution of India, in the nature of a public interest litigation, the petitioners have complained of serious disobedience at the end of the respondents of the constitutional mandate, obligations and duties cast upon them to give effect to the 73rd and 74th amendments which came into effect in the Constitution from 1st June 1993, as a result of which parts IX and IXA were introduced in the Constitution.

(2.) THE case made out by the petitioners in this petition may be summarized as under:

(3.) ACCORDING to the petitioners, with effect from 2 nd October 1949, the area of Jamnagar was declared as a Municipal Borough. The status of Jamnagar Municipal Borough continued upto 5 th October 1981 and with effect from 6th October 1981 the Jamnagar Municipal Borough was converted into Jamnagar Municipal Corporation under the provisions of the Bombay Provincial Municipal Corporation Act. It is the case of the petitioners that at that relevant point of time the surrounding area of Jamnagar Municipal Borough was not included within the limits of Jamnagar Municipal Corporation as a result of which there is no primary local authority in the surrounding area of the then Jamnagar Municipal Borough.