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GUJARAT HIGH COURT
*C. K. Thakker, Ag. C. J., M. C. Patel, J.
Anjar Municipality and Others v. J. M. Vyas and Others
| Table of Content |
|---|
| 1. challenge to the constitutional validity of s.263. (Para 1 , 2) |
| 2. court's analysis of jurisdiction and validity. (Para 3 , 7 , 10) |
| 3. petitioner's legal arguments against s.263. (Para 6) |
| 4. constitutional framework concerning municipal dissolution. (Para 14 , 15 , 20) |
| 5. court's final decision on the constitutionality of s.263. (Para 29) |
1. In this petition, the petitioners have challenged constitutional validity of S.263 of the Gujarat Municipalities Act , 1963, as amended by the Amendment Act of 1993 (Gujarat Act 17 of 1993). It is the say of the petitioners that the provisions of S.263 are unconstitutional and ultra vires Part III as also Art. 243 U of the Constitution of India . A writ of mandamus is also sought for quashing and setting aside a notice dated January 27,1999 Annexure A to the petition. A prayer is made for a writ of prohibition restraining the respondent authorities from proceeding with the notice Annexure A to the petition.
2. The case of the petitioner in that the petitioner No. 1 Anjar Municipality was constituted under the provisions of the Gujarat Municipalities Act , 1963 (hereinafter referred to as "the Act") and petitioner Nos. 2 to 16 were
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