Can a writ petition be filed against a Municipal Corporation under Article 226 of the Constitution and whether it is “state” under Article 12 of the Constitution?
Article 12 of the Constitution defines “State” for the purposes of fundamental rights guaranteed under Part 3 of the Constitution:
“12. Definition.—In this part, unless the context otherwise requires, “the State” includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India.”
A municipal corporation is a local authority within the meaning of Article 12, and therefore, it is covered within the word “state”. Accordingly, a writ petition under Article 226 of the Constitution can be filed against a municipal corporation before a high court.
For example, in the case of Nagar Nigam v. Al Faheem Meat Exports (P) Ltd., (2006) 13 SCC 382, the Supreme Court has held that municipal corporation of Meerut (in Uttar Pradesh) is a “state” being a local authority.
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