The judgement was passed yesterday by a division bench of Cheif Justice K S Radhakrishnan and Akil Kureshi, while acting on a petition filed by a charitable trust, Gandhinagar Saher Jagrut Nagrik Parishad (SJNP).
"Article 243Q (of the Constitution), casts an obligation on the State Government to constitute, a Municipal Corporation at Gandhinagar. Such a Municipal Corporation has
to be constituted in accordance with the provisions of the Constitution of India," the court said in its judgement.
Advocate Jayant Bhatt had during hearing submitted that it was incumbent upon the State government under Article 243Q to constitute an elected local self-government for every
urban area of the State.
Court furhter said that forming a municipal corporation in Gandhinagar was a constitutional requirement and "government cannot shirk their responsibility in enforcing
the constitutional obligations and duties cast upon them."
It said that the "reasons indicated by the State government for not forming a Municipal Corporation at Gandhinagar, are flimsy, unconvincing and irrational."
Ahmedabad: Gujarat High Court has directed the State government to form Municipal Corporation at state capital Gandhinagar in accordance with constitutional requirement within six months.
First Published: Friday, September 18, 2009, 14:34