SUNDARGARH ZILLA ADIVASI ADVOCATES ASSOCIATION AND OTHERS versus STATE GOVERNMENT OF ODISHA AND ORS.

Citation: [2013] 6 S.C.R. 420 · Decided: 07-05-2013 · Supreme Court of India · Bench: RAJENDRA MAL LODHA · Disposal: Dismissed
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Judgment (excerpt)

[2013] 6 S.C.R. 420 
A 
SUNDARGARH ZILLA ADIVASI ADVOCATES 
B 
c 
ASSOCIATION AND OTHERS 
v. 
STATE GOVERNMENT OF ODISHA AND ORS. 
(Writ Petition (Civil) No. 215 of 2012) 
MAY 7, 2013 
[R.M. LODHA, J. CHELAMESWAR AND 
MADAN 8. LOKUR, JJ.] 
Constitution of India, 1950 - Part IX-A, Articles 243-ZC 
and 243-ZF, 244 and Schedule V items 5(1) and 6(1) -
Scheduled area declared in terms of Clause 6(1) of the V 
Schedule - Applicability of the Orissa Municipal Act, beyond 
1st June, 1994 - After coming into force of Part IX-A of the 
D Constitution w.e.f. 1st June 1993 - Held: In view of Art. 243-
ZC, Part IX-A of the Constitution was not applicable to the 
Scheduled area in question -
But the Act was made 
applicable to the area w.e.f. 31st May, 1994 by the issuance 
of a public Notification issued by the Governor in exercise of 
E its power conferred under Clause 5(1) of the Fifth Schedule 
to the Constitution - In view of Art.243ZF, the Municipal Act 
can be applicable to the Scheduled area even beyond the 
period of one year; if it is not inconsistent with the provisions 
of Part IX-A - Since no provision of the Act is shown to be 
F inconsistent with the provisions of Part IX-A, it would be 
applicable to the Scheduled area in question even beyond 
the period of one year -
Orissa Municipal Act, 1950 -
Notification SRO No. 74311995 dated 14th August, 1995. 
The question for consideration in the present writ 
G pe,tition was whether the provisions of the Orissa 
Municipal Act, 1950 are applicable to 'Sundargarh' a 
di$trict in the State of Odisha, (a declared 'Scheduled 
Area' in terms of Clause 6(1) of the Fifth Schedule to the 
H 
420 
SUNDARGARH ZILLA ADIVASI ADV. ASSO. v. 
421 
STATE GOVT. OF ODISHA 
Constitution, administration whereof is provided under A 
Article 244 of the Constitution), on coming into force of 
Part IX·A of the Constitution. 
The contention of the petitioners was that on coming 
into force of Part IX-A, the Municipal Act, which was 
existing in the Scheduled area could not continue beyond 
B 
a period of one year as provided in Article 243-ZF and 
therefore the existing Municipal Act could not have 
continued beyond 1st June 1994; and that since the 
Parliament has not extended the provisions of Part IX-A 
C 
to the area of Sundargarh, nor had the Governor 
extended the provisions of Orissa Municipal Act to 
Sundargarh in exercise of power conferred by Clause 5 
. of Fifth Schedule, provisions of the Municipal Act are not 
applicable to Sundargarh beyond 1st June, 1.994. 
Dismissing the petition, the Court 
HELD: 1. Clause 1 of Article 24'3-ZC of the 
Constitution of India provides that the provisions of Part 
IX-A of the Constitution do not apply to Scheduled Areas 
such as Sundargarh. Clause 3 of Article 243-ZC provides 
that Parliament may, by law, extend the provisions of Part 
IX-A of the Constitution to Scheduled Areas such as 
Sundargarh subject to exceptions and modifications. 
Such a law has not been enacted by Parliament. Thus, 
Part IX-A of the Constitution which deals with the 
municipalities as institutions of self government does not 
apply to Sundargarh. There is also no statute relating to 
D 
E . 
F 
the extension of Part IX-A of the Constitution relating to 
municipalities to Scheduled Areas. [Paras 18 and 19] 
[430-E-F, H] 
G 
2. Clause 5 of Schedule V of the Constitution 
empowers the Governor of the State, inter alia, to issue 
a public Notification to the effect that: (a) Any particular 
statute (enacted either by Parliament or by the State 
H 
422 
8UPREME COURT REPORTS 
[2013] 6 S.C.R. 
A Leg'islature) shall not apply to a Scheduled Area; (b) Any 
particular statute (enacted either by Parliament or by the 
Sta,te Legislature) shall apply to a Scheduled Area, 
suljject to specific exceptions and modifications. [Para 
10) [426-G-H; 427-A] 
B 
3. Therefore, in the absence of the application of Part 
IX-A of the Constitution to the Scheduled Area of 
Sundargarh, the Orissa Municipal Act, 1950 has been 
ma:de applicable with effect from 31st May 1994 by the 
C issuance of a public Notification being SRO No.743/1995 
dated 14th August 1995 by the Governor in exercise of 
its powers conferred under Clause 5(1) of the Fifth 
Schedule to the Constitution. The provisions of Section 
12 of the Orissa Municipal Act (relating to the general 
election of councillors and formation of wards) have also 
D been extended to the Scheduled Areas by a Notification 
being SRO No.1264/1995 dated
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