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1996 Supreme(Kar) 73

R.V.RAVEENDRAN, S.RAJENDRA BABU
SURENDRA BABU – Appellant
Versus
STATE OF KARNATAKA – Respondent


RAJENDRA BABU, J.

( 1 ) THE Constitution of India was amended so as to introduce into it Part IX and IXA by Constitution (73rd and 74th Amendment) Act, 1992 to provide local self-Government a status of constitutional entity and to regulate certain main provisions such as Constitution composition, reservation of seats, qualification for membership, financial relations and elections thereto.

( 2 ) PURSUANT to the said amendments to the Constitution, the Karnataka Municipal Corporations Act, 1976 came to be amended to bring the same in conformity with the said constitutional amendments. In part IX A of the Constitution, Municipalities are dealt with. Article 243 provides that there shall be constituted in every State - (i) a town Panchayat for a transitional area i. e. , an area in transition from a rural area to an urban area (ii) a Municipal Council for a smaller urban area; and (iii) a Municipal Corporation for a larger urban area. Such Municipality is constituted as the Governor may, having regard to (a) the size of the area (b) the Municipal services being provided or proposed to be provided by an industrial establishment in that area; (c) population of the area (d) density of th















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