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2023 Supreme(Raj) 700

MANINDRA MOHAN SHRIVASTAVA, PRAVEER BHATNAGAR
Bheenwaram S/o Ghamaram – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
For the Petitioner: Sankalp Todi.
For the Respondents: Anil Mehta, Yashodhar Pandey.

ORDER :

1. The challenge in this writ petition is to the legality and validity of notification dated 01.06.2021 passed by the State Government in exercise of powers under Section 3 sub-section (1) Clause (a) read with sub-section (8) Clause (c) of the Rajasthan Municipalities Act, 2009, whereby, the State Government has made provision dealing with transitory period between declaration of village area as municipality area and the elections to be held thereafter.

2. Learned counsel for the petitioner would argue that the power conferred on the State under Section 3 sub-section (9) is limited to facilitate the inclusion of any area of a village in a municipality which by its very nature, does not allow the State to make any provision with regard to the Office of Chairman and Vice-Chairman of newly created/established municipality. Submission is that the legislature in its wisdom provided in Clause (c) sub-section (8) of Section 3 that until elections are held or the terms of the municipality as provided under the Act expires, whichever is earlier, the Sarpanch, Upsarpanch or Panchas representing the area of the village so included, or declared as a municipality shall be deemed to be the

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