MAHESH KUMAR SINGHAL Vs. STATE OF MP

JUDGEMENT

(1.) THE petitioners by way of present petition have challenged the Resolution No. 157 dated 27-12-2003 passed by respondent Nagar Panchayat kurwai whereby bye-laws viz. , "kurwai Nagar Panchayat Sadkon Tatha sarvajanik Sthano par Asthayi Dakhal Upvidhiyan, 2004," (hereinafter referred to as "upvidhiyan, 2004") has been framed. The challenge put-forth to the validity of the aforesaid bye-laws is on the ground that it is beyond the power of the Nagar Panchayat to frame such bye-laws, the same is in contravention to the provisions contained under Motor Vehicles Act and the rules framed thereunder, that the enforcement of said resolution without being confirmed by the State government is void ab initio and that the imposition of fee in respect of Motor vehicle is beyond the powers of the Nagar Panchayat. The petitioners in support of his contention has relied upon the judgment rendered by the Apex Court in case of Municipal Council, Bhopal vs. Sindhi Sahiti Multipurpose Transport cooperative Society Ltd. and another, 1974 MPLJ 362. The petitioners have also relied upon section 117 of the Motor Vehicles Act, 1988 (hereinafter referred to as "act of 1988") and Rule 204 of Madhya Pradesh Motor Vehicles Rules, 1994 (hereinafter referred to as "rules of 1994") to draw home his submissions.

(2.) PER contra, it is the submission of the counsel for the respondent Nagar panchayat that it was well within the power of the Nagar Panchayat to have framed bye-laws in exercise of powers drawn from various provisions of M. P. Municipality Act, 1961 and it was not incumbent upon the respondent Nagar panchayat to have sent the resolution for approval to the State Government in view of the amendment brought into section 129 vide The Madhya Pradesh Vidhi (Sanshodhan) Adhiniyam, 1995 (hereinafter referred to as "adhiniyam of 1995" ). It is further submitted by the respondent counsel that the bye-laws do not suffer from any infirmity and since they have sanction of law cannot be interfered into.

(3.) HEARD the counsel for the parties at length.