BALDEV RAJ Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS judgment will dispose of CWP Nos. 10349, 10647, 10632, 9866 and 7970 of 2008 as the questions of law and facts involved in all these petitions are similar and identical.

(2.) CHALLENGE in all these writ petitions is directed against (1) de -limitation of Municipal Wards ; (2) fixing the number of elected members in the Municipal Council/Corporation; (3) reservation for various reserved categories ; and (4) allocation of wards to reserved categories. These writ petitions were accordingly heard and are being disposed of by this common judgment.

(3.) FROM the reading of Article 243Q, it appears that the constitution of Municipalities is mandatory constitutional requirement. There are three kinds of bodies -(a) Nagar Panchayat relating to the transitional area from rural to urban; (b) Municipal council for a smaller urban area and (c) Municipal Corporation for a larger urban area. Sub -clause (2) of this Article prescribes the parameters for creation of Nagar Panchayat, Municipal Council and Municipal Corporation and it has its genesis to the population of the area, the density of population, revenue generated and host of other factors specified therein. At the time of introduction of the aforesaid constitutional amendment, the State of Punjab had the existing statute, namely, Punjab Municipal Act, 1911. However, some of the provisions of this Act seem to have amended to meet the constitutional requirement of Article 243ZF which requires the existing laws to be amended or repealed in furtherance to the constitutional requirements contained in Chapter IX -A. The existing laws to the extent of inconsistency with the constitutional provisions were allowed to remain in force till they are repealed/amended, but not exceeding one year. This clearly means that all existing laws were to be suitably re -enacted so as to comply with the constitutional mandate contained in Chapter IX -A. In compliance to the requirement of Article 243ZF, the State Legislature appears to have amended the Punjab Municipal Act, 1911. Amended provisions of Municipal Act relevant for purpose of present writ petitions are Sections 3, 8, 12, 13 and 13A of the Punjab Municipal Act, 1911 same are reproduced here under: