GOVINDBHAI V MAKWANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By filing this Special Civil Application, the employees of Limbdi Nagarpalika, Limbdi, Dist. Surendranagar has prayed for the following reliefs.

(2.) The case made out by the petitioners may be summed up thus:

(3.) Mr. Oza, the learned Senior Advocate appearing on behalf of the petitioners strenuously contended before us that part IX-A of the Constitution of India has provided an independent status to Municipality as a unit of the Local Self Government, which is totally autonomous, and, therefore, the State cannot control its powers flowing from part IX-A of the Constitution, and any law enacted by the State with an object to do the same would be ultra vires the Constitution of India. Thus, according to Mr. Oza, sections 37, 47, 257, 258 and 260 of the Act are inconsistent with the provisions of Part IXA of the Constitution, and deserve to be struck down. Mr. Oza, therefore, prays for quashing of those provisions as ultra vires part IXA of the Constitution.