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Supreme Court of India 2018-04-26 disposed

Champa Lal vs State of Rajasthan and Ors

Bench: 2 — Chelameswar

In Brief

The Supreme Court examined two appeals challenging a 2008 notification that upgraded a village Gram Panchayat to a municipal status (Nagar Palika) in Rajasthan. The Court found that Article 243Q(2) of the Constitution mandates that a State Governor must first notify uniform parameters (based on population, density, revenue, non-agricultural employment, and economic importance) before constituting any municipality. The State had never issued such a proper notification, classifying municipalities only by population. The Court held the original 2008 notification unconstitutional and per incuriam all High Court judgments based on it, rejecting arguments about intervening development. The appeals were disposed accordingly.

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