LAWS(JHAR)-2007-11-26

DEBASHISH SOREN Vs. STATE OF JHARKHAND

Decided On November 02, 2007
Debashish Soren Appellant
V/S
State Of Jharkhand Through The Chief Secretary, Government Of Jharkhand, Secretary Cum Legal Remembrancer, Department Of Law, Government Of Jharkhand And Secretary, Respondents

JUDGEMENT

(1.) SINCE common issues are involved in these three writ petitions, a common order is being passed. In these three writ petitions, Sub -section (ii) of Sec. 1 of the Jharkhand Municipal (Amendment) Act, 2006 and Sub -section (ii) of Sec. 1 of the Ranchi Municipal Corporation (Amendment) Act, 2006 are being challenged by the petitioners seeking for a declaration that Jharkhand Municipal Act, 2000 and Jharkhand Municipal (Amendment) Act, 2006 cannot be extended by the State to the Ranchi District including the schedule area as the Parliament alone can extend the provisions of Part IX A of the Constitution of India to the scheduled areas through legislation as contemplated under Article 243ZC of the Constitution of India.

(2.) MR . M.S. Anwar, learned Senior Counsel appearing for the petitioners would urge the following contentions: