ABHINESH MAHORE Vs. STATE OF M P

JUDGEMENT

(1.) This petition takes exception to the notification dated 18.6.2014. During pendency of this petition as final notification was issued on 28.8.2014, even the said notification is made subject matter of challenge on the same ground.

(2.) The principal argument of the petitioner is that after expressing intent of inclusion of villages referred to in the first notification and on receipt of the objections from the interested persons to such inclusion, the Collector himself decided the objections and submitted his proposal to the Governor. That was the basis for issuance of the impugned notification dated 28.8.2014. In other words, the argument proceeds that the Governor has not considered the said objections himself, which is the mandate flowing from Article 243-Q of the Constitution of India and in particular Section 5-A(2) of the M.P. Municipalities Act, 1961 (hereinafter referred to as 'the Act of 1961').

(3.) Section 5-A of the Act of 1961 was inserted as a consequence of the insertion of Part IX-A in the Constitution by 74th Amendment Act, 1992, which came into force from 1.6.1993. Section 5-A of the Act of 1961 was inserted in the State enactment vide M.P. Municipalities Act (Act No.17 of 1994) which came into force from 30.5.1994. Sub-section (2) of Section 5-A explicitly postulates that the Collector after receiving objections in writing with regard to the intention to include or exclude certain areas from the limits of the Municipal areas, must place the same before the Governor, who in turn, is expected to consider those objections before taking any final decision.