SUB DIVISIONAL OFFICER & ORS. ETC. versus DR. MEHAR SINGH AND ORS. ETC.

SUB DIVISIONAL OFFICER & ORS. ETC. versus DR. MEHAR SINGH AND ORS. ETC.

Section 244 of the Punjab Municipal Act is valid and not violative of Article 14; it contains sufficient statutory guidelines when read in the context of sections 241-244, relating to the evolutionary process of local autonomy and economic/administrative viability.

Parties
Appellant: Sub Divisional Officer & Ors.; Respondent: Dr. Mehar Singh & Ors.
Jurisdiction
India
Judgment Date
17 August 1988
Procedural Posture
Civil Appeal / Appeal From Punjab and Haryana High Court Decision
Outcome
Appeals allowed
Legal Topics
Constitutional Validity, Guidelines for Statutory Powers, Article 14 – Equality, Notified Area Committees, Local Autonomy, Delegation of Powers

Case Brief

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Parties

Sub Divisional Officer & Ors.

Appellant

Dr. Mehar Singh & Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal From Punjab and Haryana High Court Decision

  1. 1 Whether section 244 of the Punjab Municipal Act, 1939 is ultra vires Article 14 of the Constitution due to lack of statutory guidelines
  2. 2 Whether the power conferred by section 244 is arbitrary and unguided

Ratio Decidendi

Section 244 of the Punjab Municipal Act is valid and not violative of Article 14; it contains sufficient statutory guidelines when read in the context of sections 241-244, relating to the evolutionary process of local autonomy and economic/administrative viability.

Court Disposition

Appeals allowed

Orders

  • Section 244 declared constitutionally valid
  • No order as to costs