KESHAVLAL VALJIBHAI THAKKAR Vs. GOVERNMENT OF GUJARAT

JUDGEMENT

(1.) In these petitions, the petitioners have challenged the notifications, declaring certain areas as "transitional areas" and "smaller urban areas." With regard to Mehmedabad Nagar Panchayat, under Sec. 5 notification No. KV-154 of 94-NPL-4593-3564-M, under Sec. 266-B(d) notification No. KV-240 of 94-NPL-4593-3564-M and under Art. 243-Q, notification No. KV-73 of 94- NPL4593-3504-M are issued by the State Government which are challenged in Spl. C. A. No. 5774 of 1994. With regard to Lunawada Nagar Panchayat, under Sec. 5 notification No. KV- 157 of 94-NPL-4593-3564-M, under Sec. 266-B(d) notification No. KV-243 of 94- NPL-4593-3504-M and under Art. 243-4, notification No. KV-73 of 94-NPL-4593- 3504-M are issued by the State Government which are challenged in Spl. C. A. No. 5775 of 1994. With regard to Kheda Nagar Panchayat, under Sec. 5 notification No. KV-104 of 94-NPL-4593-3564-M, under Sec. 266-B(d) notification No. KV-191 of 94-NPL-4593-3594-M and under Art. 243-4, notification No. KV-72 of 94-NPL-4593-3504- M are issued by the State Government which are challenged in Spl. C. A. No. 5776 of 1994. With regard to Dakor Nagar Panchayat, under Sec. 5 notification No. KV-102 of 94-NPL-4593-3$64-M, under Sec. 266-B(d) notification No. KV-189 of 94-NPL- 4593-3594-M and under Art. 243-4, notification No. KV-72 of 94-NPL-4593-3504- M are issued by the State Government which are challenged in Spl. C. A. No. 5777 of 1994. With regard to Harij Nagar Panchayat; under Sec. 5 notification No. KV-112 of 94-NPL-4593-3564-M, under Sec. 266-B(d) notification No. KV-199 of 94-NPL- 4593-3564-M and under Art. 243-4, notification No. KV-72 of 94-NPL-4593-3504- M are issued by the State Government which are challenged in Spl. C. A. No. 5778 of 1994. With regard to Mansa Nagar Panchayat, under Sec. 5 notification No. KV- 114 of 94-NPL-4593-3564-M, under Sec. 266-B(d) notification No. KV-232 of 94- NPL-4593-3564-M and under Art. 243-Q, notification No. KV-72 of 94-NPL-4593- 3504-M are issued by the State Government which are challenged in Spl. C. A. No. 5779 of 1994. With regard to Halol Nagar Panchayat, under Sec. 5 notification No. KV-156 of 94-NPL-4593-3540-M, under Sec. 266-B(d) notification No. KV-241 of 94-NPL- 4593-3504-M and under Art. 243-4, notification No. KV-73 of 94-NPL-4593-3504- M are issued by the State Government which are challenged in Spl. C. A. No. 5610 of 1994. With regard to Halvad Nagar Panchayat, under Sec. 5 notification No. KV- 130 of 94-NPL-4593-3504-M, under Sec. 266-B(d) notification No. KV-217 of 94- NPL-4593-3504-M and under Art. 243-4, notification No. KV-72 of 94-NPL-4593- 3504-M are issued by the State Government which are challenged in Spl. C. A. No. 6293 of 1994.

(2.) In exercise of powers conferred by sub-sec. (1) of Sec. 5 of the Gujarat Municipalities Act, 1963 (hereinafter ,referred to as the Municipalities Act, 1963), Government of Gujarat incorporated with effect from 15-4-1994, certain Nagar Panchayats in place of municipal boroughs as indicated in the notifications and also incorporated Municipalities with effect from 15-4-1995 certain Borough Municipalities as Municipalities, as indicated in the notifications. In exercise of powers under Sec. 266(B) of the Municipalities Act, 1963, the State Government appointed a person named in the notification to be an "Administrator" to exercise the powers and to perform duties and functions of the said Municipality w.e.f. 15-4-1994 till the elected body takes over.

(3.) Some of the petitioners have prayed to declare Sec. 266-B of the Municipalities Act, 1963 as amended by Gujarat Act No. 17 of 1993 (hereinafter referred to as the amended Municipalities Act) as unconstitutional, ultra vires being violative of Arts. 243-N and 243-2F of the Constitution of India.