Point of Law: Provisions relating to composition of municipalities, constitution and composition of Ward Committees, reservation of seats for weaker sections, duration of municipalities, powers, authority, responsibilities of municipalities, power to impose taxes, proper superintendence and centralised control of elections to municipalities, constitution of committees for district planning and metropolitan planning, were either not in existence or were found to be inadequate or defective in the State laws relating to municipalities

JUDGMENT :

1. Heard Sri Ashish Malhotra, learned counsel for the petitioner and learned Standing Counsel for the State respondents.

2. The present writ petition has been filed by the petitioner asserting to be an elected member of the Nagar Panchayat, Maswasi, Rampur, seeking a direction for initiation of proceedings for the removal of respondent no.2 from the office of the President of Nagar Panchayat and for initiating recovery proceedings against the said respondent.

3. It is sought to be contended that certain complaints had been made by the petitioner against respondent no.2 relating to award of some contracts and also with regard to some other alleged financial irregularities regarding which a report is also stated to have been submitted by respondent no.4.

4. Learned Standing Counsel appearing for the State respondents has pointed out that for the purposes of removal of an elected President, a complete procedure has been prescribed under the Uttar Pradesh Municipalities Act, 1916, (the Act, 1916) as per terms of the provisions under Section 48 thereof, and in view of the aforesaid, the writ petition filed by the petitioner, who is an elected member of the Nagar Panchayat, seeking removal of respondent no.2 from the office of the President of Nagar Panchayat and initiating proceedings for recovery against the said respondent, would not be maintainable.

5. In order to appreciate the rival contentions, the relevant provisions under law may be adverted to.

6. Part IX-A of the Constitution of India (the Constitution) relating to Municipalities was inserted by the Constitution (74th Amendment) Act, 1992 for establishment of the Municipalities with a view to provide for setting up of democratic institutions at the grass-root level. The object of introducing Part IX-A in the Constitution was that in many states the local bodies were not working properly and the timely elections were not being held and the nominated bodies were continuing for long periods. Elections had been irregular and many times unnecessarily delayed or postponed and the elected bodies had been superseded or suspended without adequate justification. The new provisions were added in the Constitution with a view to restore the rightful place of local bodies in political governance. It was considered necessary to provide a constitutional status to such bodies to ensure the regular and fair conduct of elections.

7. The object and purpose of the aforesaid Part IX-A of the Consitution was explained in Bondu Ramaswamy and others vs. Bangalore Development Authority, (2010) 7 SCC 129 and it was stated as follows :

"44. Provisions relating to composition of municipalities, constitution and composition of Ward Committees, reservation of seats for weaker sections, duration of municipalities, powers, authority, responsibilities of municipalities, power to impose taxes, proper superintendence and centralised control of elections to municipalities, constitution of committees for district planning and metropolitan planning, were either not in existence or were found to be inadequate or defective in the State laws relating to municipalities.

45. Part IX-A seeks to strengthen the democratic political governance at grass root level in urban areas by providing constitutional status to municipalities, and by laying down minimum uniform norms and by ensuring regular and fair conduct of elections. When Part IX-A came into force, the provisions of the existing laws relating to municipalities which were inconsistent with or contrary to the provisions of Part IX-A would have ceased to apply. To provide continuity for some time and an opportunity to the State Governments concerned to bring the respective enactments relating to municipalities in consonance with the provisions of Part IX-A in the meanwhile, Article 243-ZF was inserted. The object was not to invalidate any law relating to city improvement trusts or Development Authorities which operate with reference to specific and specialised f