M.KARPAGAVINAYAGAM
Debashish Soren – Appellant
Versus
The State Of Jharkhand Through The Chief Secretary, Government Of Jharkhand, Secretary-Cum-Legal Remembrancer, Department Of Law, Government Of Jharkhand And Secretary, Urban Development Department, Government Of Jharkhand – Respondent
M. Karpaga Vinayagam, C.J.
1. Since common issues are involved in these three writ petitions, a common order is being passed.
In these three writ petitions, Sub-section (ii) of Section 1 of the Jharkhand Municipal (Amendment) Act, 2006 and Sub-section (ii) of Section 1 of the Ranchi Municipal Corporation (Amendment) Act, 2006 are being challenged by the petitioners seeking for a declaration that Jharkhand Municipal Act, 2000 and Jharkhand Municipal (Amendment) Act, 2006 cannot be extended by the State to the Ranchi District including the schedule area as the Parliament alone can extend the provisions of Part IX A of the Constitution of India to the scheduled areas through legislation as contemplated under Article 243ZC of the Constitution of India.
2. Mr. M.S. Anwar, learned Senior Counsel appearing for the petitioners would urge the following contentions:
(i) Part IX of the Constitution of India relates to the Municipalities;
(ii) Under Article 243ZC, the provisions of Part IX A of the Constitution shall not apply to the Scheduled Areas and Tribal Areas and the Parliament alone can extend the provisions of that part to the Scheduled Area and Tribal Areas.
(iii) As per this Artic
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