STATE OF RAJASTHAN versus ASHOK KHETOLIYA & ANR

STATE OF RAJASTHAN versus ASHOK KHETOLIYA & ANR

The High Court erred in quashing the State notification dated 12.8.2014 solely on the ground that no separate public notification under Article 243Q(2) was produced; where the State has validly exercised powers under the Rajasthan Municipalities Act, 2009 (Sections 3 read with 329/Section 5) and those provisions are not inconsistent with Part IXA/Article 243Q, a separate constitutional notification under Article 243Q(2) is not a constitutional precondition rendering the State notification ultra vires, and therefore the High Court order setting aside the notification was unsustainable.

Parties
Appellant: STATE OF RAJASTHAN; Respondent: ASHOK KHETOLIYA & ANR
Jurisdiction
India
Judgment Date
10 March 2022
Procedural Posture
Civil Appeal No. 1814 of 2022 / Decided on Appeal From High Court Order Dated 28.04.2015
Outcome
Appeal allowed
Legal Topics
Part IXA, Article 243 Q, Article 243 ZF, Municipalities, State Legislative Competence, Rajasthan Municipalities Act, 2009
Constitutional Law Local Government Administrative Law Part IXA Article 243 Q Article 243 ZF Municipalities State Legislative Competence +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 15 Party arguments 2
Sign in to unlock

Parties

STATE OF RAJASTHAN

Appellant

ASHOK KHETOLIYA & ANR

Respondent

Procedural Posture

Civil Appeal No. 1814 of 2022 / Decided on Appeal From High Court Order Dated 28.04.2015

Legal Issues

  1. 1 Whether a notification issued under the Rajasthan Municipalities Act, 2009 (Section 3 read with Section 329/Section 5) constituting a Gram Panchayat as a Municipal Board is ultra vires for lack of a separate public notification under Article 243Q(2) of the Constitution
  2. 2 Whether the State legislature/Government retains competence to constitute municipalities under State law notwithstanding Part IXA and whether Section 5 of the State Act is inconsistent with Article 243Q/Part IXA

Ratio Decidendi

The High Court erred in quashing the State notification dated 12.8.2014 solely on the ground that no separate public notification under Article 243Q(2) was produced; where the State has validly exercised powers under the Rajasthan Municipalities Act, 2009 (Sections 3 read with 329/Section 5) and those provisions are not inconsistent with Part IXA/Article 243Q, a separate constitutional notification under Article 243Q(2) is not a constitutional precondition rendering the State notification ultra vires, and therefore the High Court order setting aside the notification was unsustainable.

Court Disposition

Appeal allowed

Orders

  • Order of the High Court dated 28.04.2015 set aside
  • Writ petition dismissed