T SREENIVASULU Vs. GOVERNMENT OF A P

JUDGEMENT

(1.) Vires of subsection (2) of Section 5 of the A.P. Municipalities Act, 1965, (for short 'the Act'), as amended by A.P. Act 17 of 1994, is challenged in these writ petitions on the ground that thereby, essentially the legislative function of the State Legislature has been delegated in favour of the Executive.

(2.) Sri A. Ramnarayana, the learned Counsel appearing on behalf of the petitioners has drawn our attention to Section 5 of the Act as it stood prior to amendment and submitted that by reason thereof the State Legislature itself has provided the mode and manner of composition of the Municipality, which is sought to be done away with by exercising the rule making power, which clearly goes to show that the provision is ultra vires, the Articles 14 and 63-U of the Constitution of India. The learned Counsel would further submit that the impugned provision is bad in law as neither the essential legislative function of a State Legislative can be delegated nor excessive delegation can be made.

(3.) Drawing our attention to the provisions contained in Article 243-S of the Constitution of India, the learned Counsel submitted that composition of a Municipality is a matter, which is required to be determined by the State Legislature itself and not by the Executive. Such a legislative function, according to the learned Counsel, cannot be delegated in favour of the Executive, and in support of his contention, he placed strong reliance on the judgment of the apex Court in P.N. Kaushal v. Union of India, AIR 1978 SC 1456.