- (1.) In this batch of petitions, under Article 226 of the Constitution of India, there is a challenge to the constitutional validity of the proviso to Section 6 (1) of the U.P. Municipal Corporation Act, 1959 Act of 1959 and to a corresponding proviso contained in Section 9 (1) (d) of the U.P. Municipalities Act, 1916 Act of 1916. Both the provisos were introduced by the Uttar Pradesh Urban Local Self Government Laws (Amendment) Act, 2005 Act of 2005 (U.P. Act No.8 of 2005).
(2.) Part IX-A of the Constitution contains provisions with regard to Municipalities. Article 243-Q provides for the constitution of Municipalities in every State. This would comprise of a Nagar Panchayat for a transitional area, a Municipal Council for a smaller urban area and a Municipal Corporation for a larger urban area. Clause (2) of Article 243-Q empowers the Governor to specify a transitional area, a smaller urban area or a larger urban area by a notification, having regard to the population, density of population, revenue generated for local administration, percentage of employment in non-agricultural activities, economic importance or such other factors as he may deem fit.
(3.) Article 243-R of the Constitution provides for the composition of Municipalities in the following terms: "243-R. Composition of Municipalities. - (1) Save as provided in clause (2), all the seats in a Municipality shall be filled by persons chosen by direct election from the territorial constituencies in the Municipal area and for this purpose each Municipal area shall be divided into territorial constituencies to be known as wards. (2) The Legislature of a State may, by law, provide - (a) for the representation in a Municipality of - (i) persons having special knowledge or experience in Municipal administration; (ii) the members of the House of the People and the members of the Legislative Assembly of the State representing constituencies which comprise wholly or partly the Municipal area; (iii) the members of the Council of States and the members of the Legislative Council of the State registered as electors within the Municipal area; (iv) the Chairpersons of the Committees constituted under clause (5) of Article 243-S; Provided that the persons referred to in paragraph (i) shall not have the right to vote in the meetings of the Municipality; (b) the manner of election of the Chairperson of a Municipality.";