V.K. KAPOOR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This judgment shall dispose of three connected writ petitions. One of the petition bearing No. 2493 of 2010, has been filed by an advocate whereas municipal Councilors of Municipal Committee, Pinjore and Panchkula have filed writ petitions bearing Nos. 5149 and 5235 of 2010. Since all the three writ petitions involve common questions of law, therefore, the same are taken up together. However, the facts are picked up from Civil Writ Petition No. 5149 of 2010. In all the three petitions, the area, where the petitioners are residing, has been merged into the Municipal Corporation, Panchkula.

(2.) Challenge in the aforesaid three writ petitions is to the order dated 18.01.2010 (Annexure P-6) and notification dated 17.03.2010 (Annexure P-7), issued by the Government of Haryana, Urban Local Bodies Department, vide which a decision has been taken to declare the Panchkula Municipal Council as Municipal Corporation after merging Municipal Committees of Pinjore and Kalka. The principal grounds of challenge are that the order (P-6) and notification (P-7) are violative of principles of natural justice; ultra vires of Article 243-P, 243-Q of the Constitution and also 2-A of the Haryana Municipal Act, 1973 as well as Section 3 of the Haryana Municipal Corporation Act, 1994. A mandamus has also been sought against the respondents not to give effect to the notification dated 17.03.2010 (Annexure P-7).

(3.) The major posers sought to be raised before this Court are as under: