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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
PUSHPENDRA SINGH BHATI, SANJEET PUROHIT
Ankit Kumar Meena S/o Narayan Lal Meena – Appellant
Versus
State Of Rajasthan, Through Secretary, Department Of Local Self, Govt. Of Rajasthan – Respondent
JUDGMENT :
Pushpendra Singh Bhati, J.
Scheduled Areas are constitutionally protected, but not constitutionally frozen.
1. The present batch of writ petitions namely, D.B. Civil Writ Petition No. 3118/2025, D.B. Civil Writ Petition No. 11117/2022, D.B. Civil Writ Petition No. 874/2025, D.B. Civil Writ Petition No. 8781/2025, D.B. Civil Writ Petition No. 15765/2025, D.B. Civil Petition No. 700/2025, D.B. Civil Petition No. 4831/2024, D.B. Civil Petition No. 13334/2019, D.B. Civil Petition No. 11112/2022, D.B. Civil Petition No. 3748/2024, D.B. Civil Petition No. 4872/2024, D.B. Civil Petition No.5131/2024, D.B. Civil Petition No. 8470/2024, reserved on 25.11.2025 and D.B. Civil Writ Petition No. 23310/2025 reserved on 18.12.2025, assail the legality, validity and constitutional permissibility of Notifications issued by the State Government. By the said notifications, the State, while purporting to exercise powers under Section 3 read with Section 329 of the Rajasthan Municipalities Act, 2009 (hereinafter referred to as ‘the Act of 2009’), has, inter alia, included the Scheduled Area of various villages/gram panchayats within the territorial limits of the Municipal Corporation. Due to th
The State Legislature alone is competent to legislate in respect of municipalities, with the limitation that the provisions of the State Act cannot be inconsistent with the mandate of the Scheme of P....
The provisions of the Bihar Panchayat Raj Act, 2006 shall have no application in respect of the areas to which the provisions of the Municipal Act are applied.
The notifications for municipal formation and alteration complied with constitutional mandates and statutory requirements, and the principles of natural justice were not violated.
The applicability of the Jharkhand Municipal Act, 2011 in the District of Ranchi and the allowance for existing laws relating to State Municipalities to operate for a specified period.
(1) Non-Tribals have right to settle down in a Scheduled Area.(2) Any person eligible to vote who is ordinarily residing in Scheduled Area has a right to vote even if he is a non-tribal.
The court established the validity of the levy of a terminal tax within the limits of the Municipal Council under the State statute, and concluded that the issues raised in the appeals lacked substan....
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