Duration of Municipalities, etc
Article 243U — Duration of Municipalities, etc
sooner dissolved under any law for the time being in force, shall continue for five years from the date appointed for its first meeting and no longer: Provided that a Municipality shall be given a reasonable opportunity of being heard before its dissolution. (2) No amendment of any law for the time being in force shall have the effect of causing dissolution of a Municipality at any level, which is functioning immediately before such amendment, till the expiration of its duration specified in clause (1). (3) An election to constitute a Municipality shall be completed,—
- (a) before the expiry of its duration specified in clause (1);
- (b) before the expiration of a period of six months from the date of its dissolution: Provided that where the remainder of the period for which the dissolved Municipality would have continued is less than six months, it shall not be necessary to hold any election under this clause for constituting the Municipality for such period. (4) A Municipality constituted upon the dissolution of a Municipality before the expiration of its duration shall continue only for the remainder of the period for which the dissolved Municipality would have continued under clause (1) had it not been so dissolved.
Plain English Summary
This article sets the rules for how long a local body like a Municipality will exist. A Municipality dissolved under existing laws will continue for five years from its first meeting, but it must be given a chance to be heard before it is dissolved. It also dictates when new elections must be held to form a replacement Municipality.
Key Points
- A Municipality dissolved under current law continues for five years from the date of its first meeting.
- The Municipality must be given a fair chance to be heard before it is dissolved.
- New elections to form a Municipality must be completed before the original duration expires or within six months of dissolution.
- An amendment to a law cannot dissolve an existing Municipality until its specified duration ends.
Why It Matters
This article ensures stability for local governance by providing a defined lifespan for Municipalities and setting clear timelines for replacing them through elections, preventing arbitrary changes.
Landmark Judgements
No major landmark judgements.