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2025 Supreme(Raj) 1694

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
PUSHPENDRA SINGH BHATI, CHANDRA PRAKASH SHRIMALI
Mahendra Jain, S/o. Suraj Mal Jain – Appellant
Versus
State Of Rajasthan, Through Secretary, Department Of Local Self – Respondent


Advocates Appeared:
For the Petitioners: Ms. Deepika Soni, Ms. Anjali Gehlot, Ms. Shilpa Soni
For the Respondents: Mr. Rajesh Panwar, Sr. Adv. & AAG assisted by Mr. Ayush Gehlot, Mr. Anurag Shukla

Order :

1. Learned Senior Advocate and Additional Advocate informs the Court that the present writ petition is covered by the judgment passed by this Court in D.B. Civil Writ Petition No.20142/2024 (Motan Das & Ors. V/s The State of Rajasthan & Ors.) and other connected cases, decided on 28.02.2025. The operative portion of the said judgment reads as under:-

“9. This Court also observes that for the purpose of this case, it is relevant to refer to Article 243-P(e) of the Constitution of India which defines the term “Municipality” to mean an institution of self-government constituted under Article 243-Q.

10. Article 243-Q of the Constitution of India reads as follows:

243-Q. Constitution of Municipalities. -

(1) There shall be constituted in every State-

(a) Nagar Panchayat (by whatever name called) for a transitional area, that is to say, an area in transition from a rural to an urban area;

(b) a Municipal Council for smaller urban area;and

(c) a Municipal Corporation for a larger urban area, in accordance with the provisions of this Part:

Provided that a Municipality under this clause may not be constituted in such urban area or part thereof as the Governor may, having regard to the size

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