2013 (5) TMI 1065 - SC - Indian Laws

Summary

Issues Involved:
1. Applicability of the Orissa Municipal Act, 1950 to Sundargarh district in Odisha.
2. Administration and control of Scheduled Areas under the Constitution.
3. Continuance of existing municipalities in Sundargarh district post the Constitution (Seventy-fourth Amendment) Act, 1992.

Summary:

1. Applicability of the Orissa Municipal Act, 1950 to Sundargarh district in Odisha:
The primary question for consideration in this writ petition u/s Article 32 of the Constitution is whether the provisions of the Orissa Municipal Act, 1950 are applicable to Sundargarh district in Odisha. Sundargarh district is a declared 'Scheduled Area' in terms of Clause 6(1) of the Fifth Schedule to the Constitution. The administration and control of a Scheduled Area is provided for in Article 244 of the Constitution. Part IX-A of the Constitution, which concerns the establishment, constitution, powers, and functions of municipalities, does not ipso facto apply to Scheduled Areas as per Article 243-ZC(1). Parliament may extend the provisions of Part IX-A to Scheduled Areas subject to exceptions and modifications, but this has not been done for Sundargarh.

2. Administration and control of Scheduled Areas under the Constitution:
Clause 5(1) of the Fifth Schedule empowers the Governor to issue a public notification directing that any particular Act of Parliament or of the State Legislature shall not apply to a Scheduled Area or shall apply subject to exceptions and modifications. In Odisha, an amendment was carried out in the Orissa Municipal Act by inserting Sub-Section (6) in Section 1, stating that nothing in this Act shall apply to the Scheduled Areas referred to in Clause (1) of Article 244 of the Constitution. This amendment was effective from 31st May 1994. To address the administrative vacuum, the Governor of Odisha issued Notification No. SRO No. 743/95 dated 14th August 1995, repealing Sub-Section (6) in Section 1 and extending the Orissa Municipal Act to the Scheduled Areas of the State.

3. Continuance of existing municipalities in Sundargarh district post the Constitution (Seventy-fourth Amendment) Act, 1992:
The Petitioners contended that the existing municipalities in Sundargarh district could not continue beyond a period of one year as provided in Article 243-ZF of the Constitution, arguing that the Orissa Municipal Act is inconsistent with Part IX-A of the Constitution. However, the Court found that Part IX-A does not apply to Scheduled Areas like Sundargarh, and the Orissa Municipal Act, 1950, has been made applicable to Sundargarh with effect from 31st May 1994 by Notification No. SRO No. 743/1995. The Petitioners failed to show any provision of the Orissa Municipal Act inconsistent with Part IX-A. Therefore, the continuance of the municipalities beyond 1st June 1994 was not unconstitutional.

Conclusion:
The Court dismissed the writ petition, finding no merit in the Petitioners' contentions. The Orissa Municipal Act, 1950, as extended to the Scheduled Areas, governs the administration and control of Sundargarh district. No costs were awarded.