YOGESH MITTAL Vs. STATE OF U P

JUDGEMENT

(1.) In this batch of petitions, under Article 226 of the Constitution of India, there is a challenge to the constitutional validity of the proviso to Section 6 (1) of the U.P. Municipal Corporation Act, 1959 Act of 1959 and to a corresponding proviso contained in Section 9 (1) (d) of the U.P. Municipalities Act, 1916 Act of 1916. Both the provisos were introduced by the Uttar Pradesh Urban Local Self Government Laws (Amendment) Act, 2005 Act of 2005 (U.P. Act No.8 of 2005).

(2.) Part IX-A of the Constitution contains provisions with regard to Municipalities. Article 243-Q provides for the constitution of Municipalities in every State. This would comprise of a Nagar Panchayat for a transitional area, a Municipal Council for a smaller urban area and a Municipal Corporation for a larger urban area. Clause (2) of Article 243-Q empowers the Governor to specify a transitional area, a smaller urban area or a larger urban area by a notification, having regard to the population, density of population, revenue generated for local administration, percentage of employment in non-agricultural activities, economic importance or such other factors as he may deem fit.

(3.) Article 243-R of the Constitution provides for the composition of Municipalities in the following terms: