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2021 Supreme(Raj) 83

SABINA, MANOJ KUMAR VYAS
Kishan Singh S/o Sh. Amar Singh – Appellant
Versus
State Of Rajasthan – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Rahul Kamwar, Advocate
For the Respondent: Mr. Anil Mehta, Adv

ORDER :

1. The petitioner has filed the petition under Article 226 of the Constitution of India challenging the Notification dated 25.3.2021 (Annexure-1) issued by the Director and Special Secretary, Local Self Government.

2. Learned counsel for the petitioner has submitted that the impugned Notification had not been issued as per Article 243Q of the Constitution of India. Governor was required to issue the notification as per the conditions incorporated in Article 243Q of the Constitution of India.

3. In support of his argument, the learned counsel for the petitioner has placed reliance on the decision of the Hon’ble Supreme Court in the case of Champa Lal v. State of Rajasthan & Ors, 2018 AIR SC 2352, wherein it was held as under:-

    “The establishment of municipalities and their organisations is governed by Part IX A (consisting of Articles 243P to 243ZG) of the Constitution of India inserted in the Constitution by the Constitution 74th (Amendment) Act, 1992 with effect from 1.6.1993. Article 243P(e) defines the expression “Municipality” to mean an institution of self-government constituted under Article 243Q. Article 243Q of the Constitution of India declares as follows:

“243Q. Consti

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