High Court · 2012

The petitioner has summarily traversed the provisions under Part IXA of the Constitution of India introduced by the Constitution (Seventy-Fourth Amendment) Act 1992, comprehending three institutions of local self government for the constitution of Municipalities including Municipal Corporations and has briefly referred as well to the provisions of the 1956 Act and 1971 Act. That th e Assam Nagara Raj Act, 2007 (for short hereafter referred to as the 2007 Act/ A ct 2007) has also been referred to as an enactment to institutionalize the citiz ens participation in the various functions of the Corporation and the Municipali ties by providing for three tier arrangements in the municipal institutions by c onstituting Area Sabhas, Ward Committees and Councillors has been noted. Accordi ng to the petitioner, following the delineation of the local limits of the Guwah ati city by the notification No.MA.99/69/125, dated 05.03.1973 issued under sect ion 42(1) of the Gauhati Municipal Corporation Act, 1969 (since thereafter nomen clatured as the Gauhati Municipal Corporation Act 1971), first election to the C orporation was held in 1974 for the 34 constituent Wards. By a notification date d 06.02.1995, issued under section 43(1) of the 1971 Act, the number of Wards we re enhanced to 60 with respective boundaries outlined therefor. Elections were, thereafter, held in the year 2003 to the Corporation from these 60 Wards.

07. The petitioner has averred that while the matter rested at that, a Notification No. GDD.125/2008/Pt./14, dated 21.05.2009 was issued by the Secr etary to the Government of Assam, Guwahati Development Department notifying the proposed exercise for delimitation of the Wards and Area Sabhas within the Guwah ati Municipal Corporation area as per the delimitation plan set out therein. The notification referred to a recent amendment of the 1971 Act and also the 2007 A ct. According to the petitioner, though the said notification referred to 60 War ds with suggested number of Area Sabha Representatives to be 2-4 per Ward, in th e face of surging media reports of a decision of the State Government to reduce the number of Wards from 60 to 30 with corresponding number of voters per Ward i n the range of 7000 to 8000, several representations were submitted by various p olitical parties to the Guwahati Development Department opposing the move. Vario us citizen committees did also submit written objections to the exercise propose d by the notification dated 21.05.2009. While, thereafter follow up steps as per the notification dated 21.05.2009 did not surface, the impugned notice dated 28 .08.2009 was issued by the Deputy Commissioner, Kamrup (Metropolitan District) G uwahati, thereby, adverting to the notification No.GDD.125/2008/Pt.1/26, dated 2 4.08.2009 of the Guwahati Development Department, Government of Assam. It was no tified that a draft of the proposed areas of 31 Wards and 86 Area Sabhas of Gauh ati Municipal Corporation, Guwahati had been prepared and published on that day and that claims and objections thereon and the finalization thereof would be as per the schedule as set out therein. According to the petitioner, the notification dated 24.08.2009, as the text ther eof demonstrates, was as a consequence of the amendment of 1971 Act and 2007 Act occasioned in the year 2009.

08. A spate of written objections by way of spontaneous response in disapproval of the reduction of the existing 60 Wards to 31 followed. Along with the various organizations airing their remonstrance, the petitioner also submit ted a written objection before the Deputy Commissioner, Kamrup (Metropolitan Dis trict) Guwahati. Having realized eventually that the repugned initiative was tra ceable to the impugned provisions of the 1971 Act and 2007 Act, he turned to thi s Court for redress.

09. In essence, the petitioner perceives that the offending provisio ns of the aforementioned two enactments apart from being repugnant to the scheme envisaged in Part IXA of the Constitution of India are also extinctive of the o ther constituents thereof. The petitioner has impeached, in particular, the redu ction of the number of wards to be wholly absurd, whimsical and irrational in ut ter disregard of the population statistics as well as the fundamentals of munici pal governance. Highlighting that with the reduction of the number of wards to 3 1, the average population ratio would be around 35,000 per ward, thus drasticall y diminishing the citizens’ participation in the civil administration expected t o be undertaken by the Corporation, the petitioner has repudiated the impugned p rovisions to be opposed to the recognized norms of constitution of municipalitie s and the underlying concept of institutions of self-government visualized and t reasured by Part IXA.

10. The impugned notifications dated 24.08.2009 and 28.08.2009 have been branded as irrational, arbitrary, whimsical and induced by collateral consi derations as would be evident, according to him, amongst others, from the hetero geneity of the population divides in some selected wards. That the notification dated 24.08.2009 proposing delimitation of the ward had been issued even prior t o the Gazette notification of the 2009 amendment of the 1971 Act has been assert ed. According to the petitioner, absence of consultation by the State Government with the Corporation as required by sections 43 and 44 of the 1971 Act, do ren der these notifications non est. He insisted as well that the draft area of the Wards and the Area Sabhas notified unilaterally without any consultation with th e stake holders, the citizen bodies and the political parties, are in denial of the statutory and democratic rights of the denizens of the Guwahati city, render ing the impugned move null and void.

11. The Guwahati Development Department, Government of Assam in its affidavit, while repudiating the challenge to the vires of section 5 (1) (a) (i) of the Assam Nagara Raj (Amendmen) Act, 2009, has asserted that the reduction i n the number of wards and, as such, the Councillors has been occasioned in the m odel of the Act 2007. According to the answering respondent, in order to ensure smooth functioning of the three tier scheme of municipal institutions contemplat ing Ward Committees and Area Sabhas and the Councillors, the numbers of wards if not reduced, the representatives of the existing 60 wards with the arrangement contemplated by the two legislations would be unwieldy entailing as well unsusta inable heavy financial burden for the Corporation in view of the legislative edi ct for payment to the elected Councillors and other representatives. That, at th e time of introduction of the Guwahati Municipal Corporation (Amendment) Bill 20 09, recommending reduction of number of wards, the objections therefor and reaso ns had been duly considered, has been underlined. Elaborating further, the answe ring respondent referred to the nation wide mission for urban infrastructure dev elopment of 63 cities of the country, including Guwahati nomenclatured as (cid:28)Jawah arlal Nehru National Urban Renewal Mission (cid:29) (for short hereafter referred to as the JNNURM) lodged by the Government of India in December, 2005. It has been ave rred that the Government of Assam and the Corporation entered into a Memorandum of Association with the Ministry of Urban Development, Government of India for i mplementation of the related projects and the reform agenda at the State and Urb an Local Bodies levels. The respondent has further asserted that as per the guid elines circulated by the Ministry of Urban Development, Government of India unde r JNNURM, the State Government and Urban Local Bodies are to implement the refor m measures some of which are mandatory and others optional. Amongst these. enact ment of Community Participation Law (Nagara Raj Act) to institutionalize citizen s’ participation and introduction of the concept of Area Sabha in urban area has been enjoined to be one of the mandatory reform initiatives to be implemented b y the State Government in pursuance of the above mission. According to the respondent, the 2007 Act was, thus enacted and 12. enforced w.e.f. 14.05.2008 after the assent thereto by the Governor of Assam. It has been averred further that amendments to this Act in 2009 and 2010 were ther eafter introduced, amongst others, to ensure simultaneous election of Area Sabha Members along with Ward Councillors to further in the true spirit the objective of increased community participation in the administration and financial affair s of the Corporation. According to the respondent, the enactment of 2007 Act and the amendments thereto as well as in the 1971 Act aimed to decentralize the str ucture of governance leading to increased civic involvement in municipal governa nce through the replacement of the earlier single tier system by a triune config uration. On the basis of a comparative assessment of the aspect of wardwise popu lation and elected representative ratio in the pre and post amendment situations , the respondent has maintained that with the introduction of the three tier sys tem average population of 33,873 per ward would be represented by at least three elected representatives signifying that on an average for every 11,291 persons, there would be one elected representative. The respondent has underlined that t his is in comparison to one elected representative for every 15,000 population w ith 60 Wards with one Councillor to represent the same as existing earlier. On a detailed allusion of the various provisions of the 2007 Act highlighting in par ticular the nature of the duties, functions and responsibilities of the Area Sab ha Representatives and the Ward Committees, the respondent has insisted that the se two new echelons of municipal administration have been added to the already e xisting entity i.e. Ward Councillor for the overall effective management of the civic activities within the territorial limits of Guwahati. According to the res pondent, the challenge to the notifications dated 24.08.2009 and 28.08.2009 has been prematured as the process of delimitation was only set in motion thereby an d was contemplated to be completed on a due consideration of the responses of th e civil society leading to the final delineation of the wards. That the challeng e as a whole is barred under Article 243-ZG of the Constitution of India, has be en pleaded as well. The petitioner in his affidavit-in-reply dismissed the reliance 13. on the JNNURM as well as the memorandum of agreement as of no consequence, conte nding that none of these two instruments did either suggest or approve reduction of existing municipal wards. Reiterating his impugnment of the provisions of th e two enactments as aforementioned, the petitioner only disputed the correctness of the population statistics relied upon by the respondent, the representative pattern thereof on the basis of the reduced number of wards and emphatically cri ticized both to be obviously illogical as well as repugnant to the postulations of section 12 of 2007 Act. Pointing out that the step for reduction of existing number of municipal wards is singular in the State of Assam, as, in none of the cities in the country such an initiative had been contemplated, the petitioner h as reiterated that the impugned decision to that effect besides being illegal an d unconstitutional is patently promoted by vested political considerations.

14. In the above contentious backdrop, the learned Senior counsel fo r the petitioner has persuasively urged that the impugned provisions of the 1971 Act and the 2007 Act being repugnant to the scheme adumbrated in Part IX A of t he Constitution of India, those are liable to be adjudged unconstitutional, null and void. Mr. Barbora criticized the reduction of wards effected by section 5 ( 1) (a) (i) of the 1971 Act as amended to be absurd, arbitrary and unreasonable a nd dehors any nexus with the objective purportedly sought to be achieved by the enactment. According to him, this initiative overlooks the facet of urbanization of the city in all its inalienable aspects in general, the bulging population d ensity in particular as well as exigency for increased community representation in the civic administration so basal for the municipal governance. Referring to the draft list of Ward wise/Area Sabha wise projected population prepared in fur therance of the process of implementation of the impugned legal provisions, the learned Senior Counsel has insisted that the same not only betrays heterogeneous divides of the masses, but also demonstrates irreconcilable and irrational ward -cum-population ratio. Emphasizing that the reduction of wards would spell dimin ution of people’s participation and representation in Local Municipal Bodies and community management, which is obviously anti public, such a step is opposed to the constitutional norms of municipal governance and, thus ought to be adjudged invalid in law. While pleading that section 5 (1) (a) (i) of the 1971 Act as am ended does not mirror the underlying objective thereof as recited in the stateme nt of objects and reasons therefor, the learned senior counsel has maintained th at the reduction in the number of wards in the teeth of the emerging contemporan eous scenario is guided by irrelevant considerations and is, thus liable to be s truck down as ultra vires the Constitution.

15. Turning to section 12 of the 2007 Act as amended, Mr. Barbora ha s underlined that the same being dissentient to Article 243Q (1)(a) of the Const itution of India, it is patently illegal and unconstitutional. As thereby a Naga r Panchayat is sought to be constituted within urban limits of the city of Guwah ati, it is clearly repugnant to the constitutional mandate to the contrary as en grafted in Article 243Q (1)(a) and is thus liable to be adjudged non-existent in law. Apart from contending that the 2007 Act, per se, is extinctive of the enjo inments of sections 43 and 44 of the 2007 Act, in absence of any consultation wi th the Corporation as contemplated, the learned Senior Counsel has urged that a conjoint reading of the Proviso to section 12(2) of 2007 Act belies the justific ation for reduction of wards as mandated by section 5 (1) (a) (i) of the Act and , thus these two provisions being in apparent conflict are liable to be struck d own as invalid. Referring to the guidelines pertaining to JNNURM, Mr. Barbora ha s argued that the same do not suggest as well reduction of wards as a measure to effectively implement the same. In this context, he dismissed the respondents’ plea of regulating financial involvements as a justification for reduction of wa rds. The learned senior counsel referred to, amongst others, the legislations o f the metropolitan cities of Delhi, Mumbai and Chennai to project the pattern of a proportionate population-ward ratio as a sine qua non for ideal community gov ernance. Citing that the phenomenon of reduction of wards is unusually atypical in Assam, Mr. Barbora has emphasized that in any view of the matter, in absence of Rules framed under the 2007 Act, the initiative for the delimitation of the W ards and the elections on the basis thereof is invalid. According to him, not on ly, the provisions of the 2007 Act are in conflict with those of 1971 Act, these are self-defeating as well and, thus the impugned provisions are liable to be a djudged null and void. While emphasizing that the basic unit of civil administra tion is a ward and not the Area Sabha conceived of by the impugned provisions, t he learned Senior Counsel has maintained that the impugned notifications dated 2 4.08.2009 and 28.08.2009 are, per se illegal and non-est in law. Apart from the fact that the notification dated 24.08.2009 initiating a process of delimitation of the wards had been issued even before the Gauhati Municipal Corporation (Ame ndment) Act, 2009 had received the assent of the Governor and is thus non-est, t he proposed exercise having sought to be undertaken in violation of the prescrip tions of sections 43 and 44 of the Act 1971, those are both ex-facie illegal. To reinforce his pleas, Mr. Borbora has placed reliance on the following decisions of the Apex Court in State of Maharashtra & Ors. Vs. Jalgaon Municipal Council & Ors., (2003) 9 SCC 731, State of Rajasthan & Ors. Vs. Basant Nahata, (2005) 12 SCC 77, Government of Andhra Pradesh & Ors. Vs. P. Laxmi Devi (Smt), (2008) 4 S CC 720.

16. The learned Addl. Advocate General, Assam as against this has, a t the first instance, questioned the locus standi of the petitioner as none of h is rights, constitutional or legal has been infringed. Contending that with the new scheme of representation comprehended by the impugned provisions, the same e lectorate on the exercise of its franchise can elect both a Ward Commissioner an d a Area Sabha Representative to ensure increased and better participation in th e administration of the civic affairs, he insisted. While contending that with t he efflux of time, the challenge to the notification dated 24.08.2009 and 28.08. 2009 has been rendered infructuous, Mr. Saikia has sought to thwart the impugnme nt of the legal provision by citing the bar embodied in Article 243ZG(a) of the Constitution of India. While endorsing the validity of the Act 1971 and Act 2007 as amended, the learned Addl. Advocate General has urged that the same contempl ate 3-tier mechanism of municipal governance through institutionalization of cit izen’s participation therein. Not only the proposed model would promote citizen’ s involvement in the community governance, the plea of discordance of the impugn ed provisions with the scheme delineated under Part IXA is wholly fallacious, he maintained.

17. Adverting to Part-IXA of the Constitution of India, Mr. Saikia h as not only urged that the State legislature’s power of enacting the impugned st atutes is clearly traceable thereto, he asserted as well that the 2007 Act does not seek to constitute Nagar Panchayat envisaged in Article 243Q(1)(a) and, thus the plea of its unconstitutionality based on this proposition is wholly misconc eived. The learned Addl. Advocate General, Assam has maintained that the 2007 Ac t is not only in harmony with the JNNURM guidelines and Part IXA, the provisions thereof also evince the perceived participation of the elected representatives of the community in the essential affairs of administration in actualization of the underlying objectives of the Constitution (Seventy-Forth Amendment) Act 1992 . That a conjoint reading of the 1971 Act and 2007 Act with amendments thereto p resent a cohesive scheme of municipal governance in conformity with the underlyi ng purpose of the Guwahati Municipal Corporation (Amendment) Act 2009 and the mi ssion of institutionalization of citizen’s participation therein has been stress ed upon by him. As both these legislations have been enacted by the State Legisl ative Assembly on the theme in Entry No. 5 of the State list under Schedule-VII to the Constitution of India these are valid, he urged. Emphasizing that the purpose of delimitation of the wards is to 18. generate equal and fair representation of the populace, the learned Addl. Advoca te General, Assam has urged that the challenge to the notifications dated 24.08. 2009 and 28.08.2009 is, even otherwise prematured as the steps consequential the reto did not follow and public opinion in response could not be elicited in view of the present challenge. Mr. Saikia argued that neither the impugned provision s nor the notifications are in contravention of Section 43 and 44 of 1971 Act an d these initiatives being in furtherance of the constitutional prescriptions for municipal administration principally to ensure better participation of the comm unity, the present impugnment ought to be rejected, he urged. The learned Addl. Advocate General dismissed the plea based on the pattern of ward population rati o in other parts of the country as wholly insignificant judged by the regional e xigencies and the State enactments. That even otherwise the enjoinments containe d in Sections 43 & 44 of 1971 Act cannot be construed to inhibit any legislative Act bearing on the theme thereof was emphasized. Following decisions were relie d upon: - Public Services Tribunal Bar Association Vs. State of UP & Anr., (2003 ) 4 SCC 104, State of UP & Ors. Vs. Pradhan Sangh Kshettra Samiti & Ors.,1995 Su ple. (2) SCC 305, Anugrah Narain Singh & Anr. Vs. State of UP & Ors., (1996) 6 S CC 303, Atma Singh & Ors. Vs. State of Punjab & Ors., (1981) 2 SCC 657, Bondu Ra maswamy & Ors. Vs. Bangalore Development Authority & Anr., (2010), 7 SCC 129. In reply Mr. Barbora has urged that as no challenge to the elect 19. ion or the delimitation of wards had, in fact, been laid the bar contemplated un der Article 243ZG is not attracted. Mr Mahmud representing the Assam State Elect ion Commission has not offered any comment on the legal ruction but has apprise d this Court that having regard to the factual realities and the essential forma lities to be complied with, the elections, if ordered, may be allowed to be held in the month of May, 2013. We have lent our conscious consideration to the competing pleadi 20. ngs and the arguments founded thereon. The petitioner, as adverted to hereinabov e, is an inhabitant of the city of Guwahati, owner of a municipal holding within its municipal limits and is also an elector under the Corporation. Though, visi bly the instant challenge is not in the form of a public interest litigation ins pite of its pendency for quite some time, none else not joined the fray to reinf orce the same, more so in the face of the public cause sought to be projected. W e, however, do not feel inclined to non-suit him for want of locus. The impugnme nt to the two enactments in particular demands forensic scrutiny, more particula rly, in the face of the singular features embodied in the Act 2007 and the avowe d purpose thereof as proclaimed in its preamble. The issues stemming from this a ssailment have formidable ramifications qua the norms of municipal governance an d, thus the assertion for rejection thereof on the plea of non-infringement of t he petitioner’s constitutional or legal rights at the threshold does not weigh w ith us. As it is, as has been held by the Hon’ble Apex Court in Government of An dhra Pradesh & Ors. Vs. P. Laxmi Devi (Smt) (Supra) and Charanjit Lal Chowdhury Vs. Union of India, AIR 1951 SC 41 that a law may be constitutional even though it relates to a singular individual, in those cases where on account of some spe cial circumstances or reasons applicable to him and not applicable to others, th at singular individual may be treated as a class by himself.

21. The cavil on the maintainability of the challenge on the touchst one of the constitutional bar embodied in Article 243ZG, in our comprehension, h aving regard to the nature of the impeachment also does not commend for acceptan ce. The embargo envisaged in the aforementioned constitutional provision pertain s to impugnment of the validity of any law relating to the delimitation of const ituencies or allotment of seats to such constituencies comprising the Municipali ty involved or election thereto (Municipality).

22. The present impeachment is chiefly against the creation of Ward Committees and Area Sabha Representatives (for short hereafter also referred to as the ASR) in contravention of Article 243-Q (1) (a) as well as absurd and illo gical reduction of the number of wards and the consequential dilution in communi ty representation antithetical in the percepton of the petitioner to the fundame ntal precepts of municipal administration. The notifications dated 24.08.2009 an d 28.08.2009 have been repudiated to be invalid being without any sanction of la w and further in violation of the mandate contained in Section 43 and 44 of the Act 1971. Having regard to the contour and the essence of the impugnments, we ar e of the view that the bar in Article 243ZG is not drawn thereto. No assailment of any law relating to delimitation of constituencies or allotment of seats or t o the election of any municipality is directly involved and, thus the challenge to the maintainability of the instant petition on this ground cannot be sustaine d.

23. We do not feel persuaded as well to repeal the assailment of the notifications on the ground of those having become infructuous with the efflux of time as on date. Thereby, the respondents had initiated a process of delimita tion of wards constituting the municipal limits of the city of Guwahati in furth erance of the amendments to the 1971 Act and 2007 Act vide the Guwahati Municipa l Corporation (Amendment) Act, 2009 and the Assam Nagara Raj (Amendment) Act, 20 09 respectively. The genesis of these notifications being traceable to the impug ned provisions of the two enactments involved, a scrutiny thereof in course of t he instant adjudicative pursuit would be essential on merits.

24. Before adverting to the framework of the two enactments i.e. 197 1 Act and 2007 Act with the amendments thereto, the evolutionary backdrop of the Constitution (Seventy- fourth Amendment) Act 1992 warrants a cursory visit. The statement of objects and reasons therefor record discernible debility and ineff ectiveness of Urban Local Bodies in various States, amongst others for their fai lure to hold regular elections prolonged supersessions and inadequate devolution of powers and functions, rendering them incapable of functioning as vibrant dem ocratic units of self-government as the motivating factor for such constitutiona l initiative. It was felt that provisions relating to Urban Local Bodies ought t o be incorporated in the Constitution by adding a new Part and provide, inter al ia for three types of municipalities, namely, 1) Nagar Panchayats for areas in t ransition from rural area to urban area 2) Municipal Councils for smaller urban areas and 3) Municipal Corporations for larger urban areas. Due empowerment of t he State Legislature to provide for the composition and constitution of municipa lities, Ward Committees and other Committees within the territorial area of muni cipality by enacting laws, was comprehended as well. Aspects like adequate repre sentation of the members of the Schedule Castes and Schedule Tribes and women co mmunity by reservation of seats, fixation of tenure of the municipality, devolut ion by the State Legislatures of powers and responsibilities upon the municipali ties with respect to preparation of plans for economic development and social ju stice etc., levy of taxes and duties by municipalities et al were also envisaged ascribe paramountcy to the reconstituted and rejuvenated institutions of local self government in the domain of civil administration. While Article 243-P(e) and (f) defines (cid:28)Municipality (cid:29) and (cid:28)Panc 25. hayat (cid:29) to mean an institution of self-government constituted under Article 243Q and a Panchayat under Article 243B respectively, Article 243-Q enjoins that in e very State there shall be constituted: - a) a Nagar Panchayat (by whatever name called) for a transitional area, that is to say an area in transition from a rural area to an urban area. b) a Municipal Council for a smaller urban area; and c) a Municipal Corporation for a larger urban area, in accordance with the provisions of the Part.

26. Article 243-Q(2) elucidates that (cid:28)transitional area (cid:29), (cid:28)a smaller urban area (cid:29) or (cid:28)larger urban area (cid:29) would mean such area as the Governor may, ha ving regard to the population of the area, the density of the population therein , the revenue generated for local administration, the percentage of employment i n non-agricultural activities, the economic importance or such other factors as he may deem fit, specify by public notification for the purpose of the Part.

27. At the cost of a little digression, the Government of Assam in t he Municipal Administration Department had vide notification No.MA.99/69/125, da ted 05.03.1973 notified the local limits of the city of Guwahati in the district of Kamrup, Assam. This notification discloses that such declaration had been in exercise of powers under Section 42(1) of the Gauhati Municipal Corporation Act , 1969 (re-designated as Gauhati Municipal Corporation Act, 1971).

28. Whereas, Article 243-R ordains the composition of municipalities , predicating that subject to the sub-Article (2) thereof, all the seats in such an institution would be filled up by persons chosen by direct election from the territorial constituencies in the municipal area for which the same would be di vided into territorial constituencies to be known as wards. Article 243-S mandat es constitution of Ward Committees, consisting of one or more wards within such area (territorial area of Municipality) having a population of 3 lakhs or more. Article 243 S(2) authorizes the Legislature of a State, by law, to make provisio n for:- i) composition and the territorial area of a Wards Committee and ii) the manner in which the seats in a Wards Committee should be filled.

29. In terms of 243 S (3), a member of a Municipality representing a ward within the territorial area of the Ward Committee shall be a member of the Committee. As per Article 243 S(4) where Wards Committee consists of (a)one War d, the member representing that Ward in the Municipality, or (2) two or more War ds, one of the members representing such wards in the Municipality elected by th e members of the Ward Committee, shall be the Chairperson of that Committee. The residuary power endowed to the Legislature of a State to make any provision for the constitution of committees in addition to the Ward Committees is engrafted in Article 243-S (5). Whereas, 243-ZA entrusts the task of superintendence, dire ction and control of the preparation of electoral rolls for, the conduct of all elections to the Municipalities in the State Election Commission, the Legislatur e of a State is vested with the authority to make provision with respect to all matters relating or in connection with elections to the Municipalities.

30. Part-IXA thus encompasses provisions not only for the constituti on of the three broad categories of Municipalities, all inalienable facets of a community governance e.g. constitution and composition of Municipalities and War ds Committees, reservations of seats, duration of municipalities, power, authori ty and responsibilities of municipalities, elections thereto etc. have been duly accounted for to effectuate the underlined objectives of the Constitution (Seve nty-Forth Amendment) Act, 1992. A striking salient feature of this Part is abund ant authorization of the State Legislatures to enact laws for eventuating the co nstitutional enjoinments.

31. As recorded in Bondu Ramaswamy & Ors. (supra), the objective of the Constitution (Seventy-Fourth Amendment) Act, 1992 inserting Part IX-A in the Constitution is to strengthen the system of municipalities in urban areas by pl acing these local self-governments on sound and effective footing and provide m easures for regular and fair conduct of elections, the motivating factor being t he marked absence of uniform or strong foundations for these units to function e ffectively though municipalities existed all over the country before the amendme nt. That by providing constitutional status to the municipalities and by laying down the minimum uniform norms and by ensuring regular and fair conduct of elect ion, the democratic political governance at the grass root level in urban areas was thus sought to be consolidated was underlined as well.

32. The sequence of events attendant on the mandates of Part IX-A he ralded by the Constitution (Seventy-fourth Amendment) Act, 1992 evince that the Central Government, taking note of the rising urban population and the resultan t increase in the number of urban poor and slum dwellers causing tremendous pres sure on urban basic services and infrastructure and being conscious of the emerg ing imperative to draw up a coherent urbanization policy/ strategy to implement projects on select cities on mission mode, launched the JNNURM. As the guideline s formulated in the year 2005 would reveal, in the domain of urban reforms the c entral thrust was to ensure improvement in urban governance so that the Urban Lo cal Bodies (for short, ’ULB’) and para- statal agencies become financially sound with enhanced credit rating and ability to access market capital for undertakin g new programmes and expansion of services. To effectuate this objective, the gu idelines required the State Government, ULBs and para-statal agencies to impleme nt an agenda of reforms which were broadly categorized as-(1) mandatory reforms, and (2) optional reforms enjoined to be implemented by the State Government/ UL Bs/para-statal agencies within the mission period.

33. Apart from prescribing the national and state level committees a s well as the composition thereof, the guidelines provided inter alia the financ ing pattern of the projects for various categories of cities/ towns/ urban areas classified on the basis of population. The city of Guwahati in the State of Ass am, as per the guidelines, was identified to be one with less than one million p opulation. Under the state level reforms within the mandatory category, implemen tation of the decentralized measures as envisaged in the Constitution (Seventy-f ourth Amendment) Act, 1992 by the States to ensure meaningful association/ engag ement of ULBs in planning functions of para-statal agencies as well as delivery of services to the citizens was obligated. Further, enactment of Community Parti cipation Law to institutionalize citizens’ participation and introduction of the concept of Area Sabha in urban areas was predicated as well.

34. An agreement between the Government of India through its Ministr y of Urban Development, State of Assam, Guwahati Development Department and the Guwahati Municipal Corporation was entered into as the next initiative on 22.1.2 007 for implementation of the reforms agenda as per the guidelines of JNNURM. Th ereunder, on the undertaking of the State Government and the Guwahati Municipal Corporation to implement the prescribed reforms embodied in the aforesaid guidel ines, the Government of India agreed to release the first installment of the gra nt to the Corporation through the State Level Nodal Agency under the JNNURM for the financial year 2006-07. A stipulation inter alia for adherence to the time f rame for implementation of the reforms agenda and the submission of utilization certificates was incorporated in the agreement. The agreement revealed that the Corporation meanwhile had formulated a city development plan in pursuance of the requirements for financial assistance under JNNURM.

35. The Assam Nagara Raj Act, 2007 followed and having received the assent of the Governor on 8.12.2007, was published in the issue dated 14.12.2007 of the Assam Gazette (Extraordinary). The Notification circulating the enactmen t was dated 13.12.2007. As the preamble of this Act would demonstrate, it is a l egislation amending the laws relating to the Corporation and Municipalities in t he State of Assam to institutionalize citizens’ participation in the Corporation ’s and Municipal functions e.g., setting priorities, budgeting provisions etc. b y constituting Area Sabha and to provide matters connected therewith or incident al thereto. To start with, the definitions of the following expressions being of formidable significance are extracted hereinbelow: (cid:28)2.(a) (cid:28)Area (cid:29) Means an area as determined in the manner as specified in Section 3; (b) (cid:28)Area Sabha (cid:29) means, in relation to an area, the body of all the persons regi stered in the electoral rolls pertaining to every polling booth in the area, in the Corporation or a Municipality; & & & & & & & & & & & & & & & & & & & & & & & & & & & & & & & & & & & & & & & & & & & & & & & & & & & & & & & & & & & & & & & & &.. (f) (cid:28)Member (cid:29) means the Area Sabha Representative, elected or appointed in the ma nner as provided under this Act, who shall be a Member of the Ward Committee. & & & & & & & & & & & & & & & & & & & & & & & & & & & & & & & & &.(i) (cid:28)Ward Committee (cid:29) means the committee const ituted under section 12 of this Act. Section 3 enjoined that the State Government would, by order, de termine- (a) ivided; and (b) the Areas into which each Ward, the Corporation or Municipality may be d the territorial extent of each Area, which is to necessarily include the entire geographical territory in which all persons mentioned in the electoral r oll of any polling booth in such territory, or, if the Government so decides, tw o or more contiguous polling booths (not exceeding five such polling booths) in such territory, are ordinarily resident.

36. Whereas Section 4 warranted that there would be one Area Sabha R epresentative for each Area, Section 5 enumerated the disqualifications against being elected such a representative. In terms of Section 6, any person eligible for contesting the elections to the office of Area Sabha Representative in that Area could file in accordance with the procedures to be laid down under the Rule s framed by the State Government, his nomination for contesting the elections wi thin a period of four weeks from the date of announcement of the results of the elections to the Corporation or Municipality.

37. Incidentally, by the Assam Nagara Raj (Amendment) Act, 2010 whic h received the assent of the Governor on 28.4.2010 and was published in the issu e dated 10.5.2010 of the Assam Gazette (Extraordinary), amongst others, the word s (cid:28)within a period of four weeks from the date of announcement of the results of the elections to the Corporation or Municipality (cid:29) in Section 6 stood deleted. T hus, the initial edict of filing of nomination subsequent to the commencement of the results of the elections to the Corporation or Municipality was recalled.

38. Section 12 prescribed the constitution of a Ward Committee for e ach ward in a Corporation or Municipality to be formed within 6 months of the co nstitution of the Corporation or Municipality. The words (cid:28)within 6 months (cid:29) appe aring in Section 12(1) to the above effect as originally framed were deleted by the Assam Nagara Raj (Amendment) Act, 2009 which received the assent of the Gove rnor on 26.8.2009 and was published in the issue dated 29.8.2009 of the Assam Ga zette (Extraordinary) and thereby in lieu thereof the words (cid:28)simultaneous with (cid:29) were substituted. Consequently, Section 12 following the amendment thus predicat ed simultaneous constitution of the Ward Committee for each Ward as well as the Corporation or Municipality. The composition of the Ward Committee was prescribe d to be as hereunder: (a) shall be the Chairperson of the Ward Committee; (b) nominated by the Corporation or Municipality. the member of the Corporation or Municipality representing the ward who not more than ten persons representing the civil society from the ward,

39. The provisos to this provision indicated that if the population of the Ward was not more than ten thousand, the number of nominated members woul d be four and, thereafter, there would be one additional member for every four t housand population or part thereof with the restraint that in reckoning the numb er of additional members of the Ward Committee exceeding four, any part of less than two thousand population may be ignored. That not less than two-thirds of th e members of such Committee shall be the Area Sabha Representatives resident in the ward concerned was underlined. The explanation appearing beneath Section 12 elucidated (cid:28)civil society (cid:29) to include, amongst others, the Area Sabha Representa tive.

40. Whereas under Section 9, the functions and duties of the Area Sa bha are outlined, those for the Ward Committee are catalogued under Section 13. An Area Sabha, as Section 9 would reveal, has been entrusted with managerial, te chnical, financial and organizational duties and to generate proposals and deter mine the priority of schemes and development programmes to be implemented under the jurisdiction of the Area Sabha and to forward the same to the Ward Committee or, in its absence, the Corporation or Municipality for inclusion in the develo pment plans of the Ward Committee or Corporation or Municipality, as the case ma y be; to identify the most eligible persons from the jurisdiction of the Area Sa bha for beneficiary-oriented schemes on the basis of criteria fixed by the Gove rnment and forward the same for inclusion in the development plans of the Ward o f Corporation or Municipality; suggest the location of streetlights, street or c ommunity water taps, public wells, public sanitation units and such other public amenity schemes within the area of the Area Sabha; identify the deficiencies in the water supply and street lighting arrangements in the Area Saba jurisdiction and suggest remedial measures; assist the activities of public health centers i n the area, especially in disease prevention and family welfare and create arran gements to report on the incidence of epidemics and natural calamities; undertak e and support tax mapping and to remind Area Sabha members of their obligations to pay Corporation or Municipal taxes and user charges etc. In discharge of th e above duties and functions, under Section 10, an Area Sabha is empowered to ob tain information from the official records as to the services it would render an d the works it would propose to do; impart awareness on matters of public intere st such as cleanliness, preservation of the environment and prevention of pollut ion; cooperate with the Ward Committee in the provision of sanitation arrangemen ts in the area etc. It is also entitled to be informed by the Ward Committee ab out every decision concerning the jurisdiction of the Area Sabha and the rationa le of such decisions made by the Ward Committee or the Government as well as the follow up action taken on the decisions concerning areas within its jurisdictio n.

41. The Ward Committee under Section 13, amongst others, is required to provide assistance in the implementation of development schemes relating to the ward; assist in the timely collection of taxes, fees and other sums due to t he Corporation or Municipality; provide assistance for identification of benefic iaries for the implementation of development and welfare schemes; provide assist ance for the preparation and encouragement of the development schemes of the war d; supervise sanitation works in the ward for ensuring an adequate level of hygi ene and perform such other functions as may be assigned to it by the Corporation or Municipality. To effectuate the scheme of its functioning, the Ward Committe e is entitled to seek information from the Corporation or Municipality regarding any matter relating to the ward as provided in Section 14. Thereunder, it is al so required to make periodical reports to the Corporation or Municipality in res pect of matters specified. It is also authorized to obtain the full Corporation or Municipal budget; to verify and seek clarification and suggest changes therei n as may be necessary; obtain requisite financial and administrative support fro m the Corporation or Municipality in managing bank accounts; retain upto 50% of the Ward Revenues for local development for local development; have a proportion ate claim on Corporation or Municipal development expenditures based on the Ward Infrastructure Index of that Ward compared to the other Wards in the Corporatio n or Municipality.The activities of the Ward Committee in furtherance of its dut ies and functions as set out in Section 13 and 14 have been detailed under Part- V of the enactment. Whereas Section 22 empowers the State Government to make Rules, 42. Section 23 clarifies that the relevant sections of the Guwahati Municipal Act, 1 969 and the Assam Municipal Act, 1956 and the Rules framed thereunder along with the upto date amendments thereto inconsistent with the provisions thereto (Act, 2007) would stand modified or amended to the extent of such inconsistency with effect from the date of its (Act 2007) coming into force. Sub-section (2) of Sec tion 23 saved anything done or anything purported to be done or any action taken under the provisions so modified or amended, as the case may be, construing the same to have been validly done under its (Act 2007) corresponding provisions.

43. This enactment was brought into force with effect from 15.5.2008 and as the developments subsequent thereto would attest, was the precursor of t he Guwahati Municipal Corporation (Amendment) Act, 2009. The Statement of Object s and Reasons for the Guwahati Municipal Corporation (Amendment) Bill, 2009 is s elf revealing and obviously modeled on the enjoinments of the Act, 2007. For rea dy reference, the same is extracted hereinbelow. (cid:28)The Assam Nagara Raj Act, 2007, provides for creation of Area Sabhas and Ward C ommittees and Election of Area Sabha Representatives. There would be 3 to 4 Are a Sabhas within every Ward after electin of Area Sabha Representatives. With the present number of 60 Wards in the Guwahati Municipal Corporation there would be around 250 Elected Representatives within the Guwahati Municipal Corporation Ar ea, with a very small geographical area comprising each Area Sabha make it unvia ble in all respects. In order to rationalize the Geographical Area in each Area Sabha and the total number of Elected Representatives in the Guwahati Municipal Corporation A reas, it is felt necessary that the total number of wards should be reduced to 3 0. Reduction of total number of Wards to 30 would also ensure that far lesser fi nancial burden on Guwahati Municipal Corporation, account of creation of 3 to 4 Area Sabhas in a Ward. Further, it is felt that in view of 3 tier arrangement of Institution in the Guwahati Municipal Corporation Area ranging from the Council Body through the Ward Committee down to the Area Sabhas, it is consider necessary to revert t o the system of election of Mayor and Deputy Mayor indirectly by the Councillors . This will ensure greater say of the Lower Tier Representatives in the affairs of the Corporation through pressure groups acting through the Councillor. (cid:29).

44. It would be evident from the above quote that the proposal for r eduction of the number of wards to thirty was sought to be endorsed with a view to rationalize the geographical area in each Area Sabha ordained by the Act, 200 7 and the total number of elected representatives in the Guwahati Municipal Corp oration Area and also to lessen the financial burden of the Corporation on accou nt of contemplated creation of 3/4 Area Sabhas in a ward. The installation of 3- tier arrangement in the institutional hierarchy of the Corporation to ensure gre ater participation of the lower tier representatives in the over all affairs the reof was stressed upon as well as the other exigency. The Guwahati Municipal Cor poration (Amendment) Act, 2009 which received the assent of the Governor on 26.8 .2009 and was published in the issue dated 28.8.2009 of the Assam Gazette (Extra ordinary) was thus brought on the statute book with immediate effect.

45. So far as is relevant for the present adjudication, this legisla tion introduced amendments, amongst others, in Section 4, 5 and 20A of the Act 1 971. Whereas thereby the Ward Committees and Area Sabhas were included in the li st of Municipal authorities in Section 4, the amended Section 5(1)(a)(i) prescri bed that there would be one Councillor for every population of at least twenty t housand subject to the maximum of thirty one members. Original Section 20A was s ubstituted to read as hereunder: (cid:28)20A. -Area Sabhas and Ward Committees of the Corporation shall be constituted u nder the Assam Nagara Raj Act, 2007 and shall discharge their duties and functio ns in accordance with the provisions of the said Act (cid:29). Prior to this amendment, by the Guwahati Municipal Corporation ( 46. Amendment) Act, 1994 Section 5(1)(a)(i) was introduced in the form as hereunder: (cid:28)5(1)(a)(i)-There shall be one Councillor for every population of 15,000, subjec t the maximum of 60 members. (cid:29).

47. Thus, by the Amending Act, 2009, whereas the mass of the populat ion per Councillor was enhanced, the maximum number of wards returning such rep resentatives was reduced to thirty one in lieu of sixty. That all Ward Councill ors are to be elected by direct election on the basis of adult suffrage is, how ever, the unambiguous mandate of Section 5 of the Act 1971 even after the amendm ents. Whereas Section 12 and 20 thereof contemplate appointment/ constitution of a Joint Committee and Standing Committee respectively, Section 42 provides for declaration of local areas as Guwahati City whereunder, as adverted to hereinabo ve, the Notification dated 5.3.1973 had been issued outlining the municipal limi ts thereof. Section 42(2), however, authorizes the Government to alter the said limits after consultation with the Corporation by including or excluding in/from it areas as may be specified in the notification in the Official Gazette. Secti on 43 which deals with delimitation of the wards makes it incumbent on the Corpo ration for the purpose of election of Councillors, with the approval of the Gove rnment to divide the city into such number of wards as there are Councillors to be elected and to determine the extent of each ward. Section 43(2) reaffirms tha t each ward would return one Councillor and all the electors of a Ward would be entitled to vote for such election. Under Section 44, the Government is empowere d after consulting the Corporation, to alter or amend any order made by it (Corp oration) under Section 43 by order published in the Official Gazette.

48. Reverting to the lay out of Part IX-A, the salient features ther eof having a decisive bearing on the issues seeking adjudication discernibly rel ate to Article 243-Q, 243-R and 243-S thereof. To reiterate, Article 243-Q manda tes constitution in every State of a Nagar Panchayat for a transitional area, a Municipal Council for a smaller urban area and a Municipal Corporation for a lar ger urban area. Whereas (cid:28)transitional area (cid:29), (cid:28)smaller urban area (cid:29) and (cid:28)larger ur ban area (cid:29) have been defined in Article 243-Q(2), it is obvious that these three units of local self government are distinctly different and independent of each other identifiable, however, qua the area of their administration. Article 243- R insists on induction to the Municipality persons chosen by direct election fro m the territorial constituencies in the Municipal area to be divided into such c onstituencies to be designated as wards. Article 243-S renders it obligatory to constitute Wards Committees within the territorial area of a Municipality having a population of three lakhs or more and to effectuate this enjoinment, empowers the Legislature of a State by law to provide the composition and the territoria l area of a Wards Committee and the manner in which the seats therein would be f illed. Apart from prescribing the method of identifying the Chairperson of that Committee, the Legislature of the State has been left at liberty to provide for constitution of Committees in addition to the Wards Committees.

49. The guidelines for the JNUURM, as referred to hereinabove, predi cate, amongst others, enactment of Community Participation Law to institutionali ze citizens’ participation and introduction of the concept of Area Sabha in urba n areas as one of the mandatory State level reforms. That the same is an initiat ive by way of a decentralized measure as envisaged in Part IX-A and that to faci litate the same the States should ensure meaningful association/ engagement of t he Urban Local Bodies in planning functioning of para-statals as well as deliver y of services to the citizens has been highlighted as the other such segments of the State level reforms. As it is, the competence of the State Legislature to e nact the 1971 Act and the 2007 Act and to occasion the amendments thereto has no t been questioned and rightly so, the authority therefor being embedded in Entry No. 5 of List-II of 7th Schedule to the Constitution of India which stands fur ther reinforced by the aforestated constitutional ordainments. The guidelines fo r the JNNURM on a plain reading thereof, are patently adapted to the letter and spirit of Part IX-A and envision a functional framework in furtherance thereof. The impugnment of the provisions of the two enactments involved, thus, essential ly has to be assayed in this overwhelming undeniable perspective as an unmistaka ble guiding index therefor.

50. The 1971 Act and the 2007 Act, to start with, when viewed in jux taposition demonstrate the latter to be supplemental of the former to condition it (1971 Act) to the constitutional ethos of Part IX-A. Not only consequential i ncorporations in various provisions of the Act 1971 have been introduced as pres cribed by the Act 2007, the reduction of wards from 60 to 31 as contemplated in Section 5(1)(a)(i) of the Act 1971 is seemingly the logical corollary thereof t o accommodate the concept, amongst others, of the Area Sabha and the Wards Commi ttees traceable to Part IX- A of the Constitution of India.

51. Whereas Section 3(83) of the Act, 1971 which defines (cid:28)Ward (cid:29) when read in conjunction with Section 5 and 43 thereof desiderates that there will b e one Councillor for each Ward, Section 3 contemplates division of each Ward int o areas from each of which an Area Sabha Representative would be elected to be e ventually assimilated in the Wards Committee as envisaged in Section 12 of the A ct 2007. After the amendments to the Act, 2007 the elections of the Councillor a nd the Area Sabha Representative are to be simultaneous, whereafter, a 3-tier hi erarchy in the Municipal institution is to be modelled. To reiterate, under Sect ion 4 of the Ac, 1971 following its amendment in the year 2009, the Wards Commit tees and Area Sabha are Municipal authorities under the Corporation. Though the learned senior counsel for the petitioner took enormo 52. us pains to pit the first proviso to Section 12 of the Act, 2007 against Section 5(1)(a)(i) of the Act, 1971 to exhibit a mutual militative repugnancy, we are l eft unpersuaded thereby on an overall view of the schemes of the two enactments, more particularly, in the backdrop of Part IX-A of the Constitution. In our est imate, the first proviso to Act, 2007 though contemplates a Ward with a populati on of 10,000, it does not per se enjoin invariably this size of the citizenry wa rdwise so as to render any other composition invalid. This proviso, in our compr ehension, only indicates in such an eventuality, the population-nominee ratio vi s-à-vis the concerned Ward Committee.

53. As it is, the Act 2007 is a legislation to amend the laws relati ng to the Corporation and Municipalities in the State of Assam and institutional ize citizens’ participation in their functions inter alia by setting up Area Sab has. The conspicuous permeating involvement and participation of the Area Sabha Representatives and the Wards Committees in all conceivable areas of municipal g overnance is writ large on the face of the Act 2007 in eventuation of the object ives thereof synopsized in its preamble. The Councillors, the Area Sabha Represe ntatives and the Wards Committees, therefore, constitute a trinity of community representation in the civic superintendence of the Municipal affairs informing c ontemporaneous societal existence. The Area Sabha Representatives returned by th e electorate of the Area Sabhas comprising the Wards, as the scheme of the Act 2 007 would reveal, act as the sinews of institutional cohesion amongst the three tiers. They being the grass root representatives of the community at large, are supposed to discharge their assigned role to ensure that the ground exigencies a re mooted before the higher echelons of governance so as to appropriately addres s the day to day issues of public inconvenience and expectations. The Councillor s, the Area Sabha Representatives and the Wards Committees, therefore, are irref utably integral constituents of the Corporation.

54. The Act 2007 in the above factual premise thus cannot be constru ed to be a legislation creating a Nagar Panchayat as visualized in Article 243-Q (1)(a) of the Constitution of India. By no means an Area Sabha Representative o r a Ward Committee can be conceptualized to be such a Nagar Panchayat. As it is, the guidelines for the JNNURM as well contemplates an Area Sabha within an urba n area and, thus, cannot be identified with a Nagar Panchayat mandated for a tra nsitional area i.e. an area in transition from a rural to an urban area.

55. Adverting to the contextual facts, admittedly, prior to the impu gned amendment of Section 5(1)(a)(i), it prescribed for one Councillor for every population of 15,000, subject to a maximum of sixty members as per the Guwahati Municipal Corporation (Amendment) Act, 1994. Admittedly, the concept of Area Sa bha Representatives and the Ward Committees was then alien in the scheme of Muni cipal administration envisaged by the Act, 1971 as amended till then. The draft list of Wardwise/ Area Sabhawise projected population as in 2009 circulated by the communication No. K(M)GMC/ELECTION/1/2008 dated 31.8.2009 of the Addl. Deput y Commissioner, Kamrup (Metro) District, Guwahati outlined the break up of Area Sabhas Wardwise with the respective population to be represented by the Area Sab ha Representatives in addition to one Councillor for each Ward.

56. As would appear therefrom, the Wards were divided into 2/3 Area Sabhas populationwise depending on the size thereof. The projected population in 2009 was shown as 10,50,084 so that the average population per Ward came to be 33,873. According to the respondents, on an average three elected persons namely , one Councillor and two Area Sabha Representatives for each Ward would, as per the pattern portrayed thereby, represent a population of 11,291 and that the ple a of diminished community representation prejudicial to the perceived effectiven ess of civic superintendence of the affairs of the Corporation is wholly misconc eived. Though continual increase in the overall population meanwhile wound warra nt further adjustments, the make up as suggested in the draft list cannot be per se repudiated as wholly unrealistic and impractical. In the context of impendin g reduction of the Wards though on a plain perusal the apportioned population Ar ea Sabhawise in some Wards is grossly disproportionate and call for re-adjustmen ts, having regard to the 3-tier hierarchy in the institutional set up, increase in the population and urban exploits ipso facto, in our estimate, would not rend er the suggested design wholly illogical. The suggested lay out assuredly compor t to the legislative enjoinments embodied in the two enactments involved to hera ld institutionalized participation of citizens in administration of civic affair s which concern them. Though it cannot be gain said that uniform and homogenous representation is a sine qua non for effectuation of the objective of institutio nalization of citizens’ participation in the Municipal activities as units of lo cal self government, the mathematical exactitude in apportionments of the Area S abha and the population Wardwise though ought to be endeavoured for, may not yet be practically feasible in all eventualities.

57. So long as the divides substantially subserve the underlying pur pose of uniform civil representation in the domain of Municipal governance, the initiatives to further the same ought not to be readily proscribed. If the impug ned steps meet the local exigencies for improving and/or promoting community gov ernance exigent on the singular scheme of administration of the Municipal affair s, analogy from the other State legislations with a divergent framework of Wards and Councils may not necessarily be a decisive and flawless lodestar. Having re gard to the model of the Act, 1971 and the Act, 2007 with the amendments dealt w ith hereinabove, we are thus left unconvinced by the reference to the Municipal legislations of the metropolis of Mumbai, Chennai and Delhi. Those embody schem es atypical for the governance of the affairs of their Municipal Corporations sa ns the notion of Area Sabha and Area Sabha Representatives and are, thus, not co mparable with the State enactments in hand. The plea that the two enactments ar e m