STATE OF RAJASTHAN Vs. RAM PRATAP

JUDGEMENT

(1.) THESE appeals have been filed by the State of Rajasthan under Section 18 of the Rajasthan High Court Ordinance, 1949, against the judgment dated December 3, 1980 of the learned Single Judge of this Court, who has struck down Sub -section (9A) of Section 86 of the Rajasthan Panchayat Samitis and Zila Parishads Act, 1959 (here in after referred to as 'the Act').

(2.) SUB -section (9A) of Section 86, confers on the State Government the power:

(3.) IN these appeals we are concerned with the sole question as to whether Sub -section (9A) of Section 86 of the Act, is ultra vires Article 14 of the Constitution and suffers from the vice of excessive delegation. Before we answer this question we may briefly refer to the scheme and the relevant provisions of the Act.