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2015 Supreme(Online)(Bom) 29

BOMBAY HIGH COURT
A.S. Oka, J
Municipal Labour Union Thane and Others v. State of Maharashtra and Others


Advocates:
For the Appellants/Petitioners: Ms. Karnik
For the Respondents: Mr. Shinde

1. Since both sides agree that the challenge in these Writ Petitions is common, they are being decided by this common judgment.

2. For properly appreciating the arguments of the parties, the facts in Writ Petition No. 2720/2013 are referred to.

3. The challenge in this Writ Petition is to the legality and validity of S.127(2)(aaa), S.99 (partly) and S.152T of the Bombay Provincial Municipal Corporations Act, 1949 and now the Maharashtra Municipal Corporations Act . The provisions as particularly indicated in the prayer clauses together with Notifications are impugned as being ultra vires Part IXA of the Constitution of India and particularly Art.243W and Art.243X. The prayers read as under:
"(a) This Hon'ble Court may be pleased to invoke it's writ jurisdiction under Art.226 of the and be pleased to issue a writ of mandamus or a writ, direction or order in the nature of mandamus and be pleased to;
(i) hold and declare that S.127(2)(aaa), S.99(partly) and S. 152T of the Bombay Provincial Municipal Corporation Act, 1949 unconstitutional and ultra vires the provisions of Part IXA and Art.243W and Art.243X in particular of the and be struck down.
(ii) hold and declare that S.127(2




























































































































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