JUDGMENT

Madan B. Lokur, J.

1. The primary question for consideration in this writ petition under Article 32 of the Constitution is whether the provisions of the Orissa Municipal Act, 1950 are applicable to Sundargarh district in Odisha.

2. It is not in dispute that Sundargarh district is a declared ‘Scheduled Area’ in terms of Clause 6(1) of the Fifth Schedule to the Constitution. This Clause reads as follows:

“6. Scheduled Areas.—(1) In this Constitution, the expression “Scheduled Areas” means such areas as the President may by order declare to be Scheduled Areas.”

3. The administration and control of a Scheduled Area is provided for in Article 244 of the Constitution which reads as under:- “244. Administration of Scheduled Areas and Tribal Areas : (1) The provisions of the Fifth Schedule shall apply to the administration and control of the Scheduled Areas and Scheduled Tribes in any State other than the States of Assam Meghalaya, Tripura and Mizoram.

(2) The provisions of the Sixth Schedule shall apply to the administration of the tribal areas in the State of Assam, Meghalaya, Tripura and Mizoram.”

4. What follows from this is that an area may be declared by the President as a Sch