The Gujarat High Court has issued notice to the state government on a petition challenging the decision to curb financial and executive powers of municipality presidents.
Justice R M Chhaya sought a reply from the government by February 24.
The petition was filed by Gujarat Nagarpalika Parishad, which represents 98 municipalities in the state, and president of Sidhpur municipality Ajit Trivedi.
According to the petition, the government has passed resolutions which take away powers vested with presidents under section 45 of Gujarat Municipalities Act, 1963.
The move violated the Constitutional provisions, it said.
"What is being sought to be done by the government vide government resolutions (passed in July 2015, October and December 2016) is to take away the powers of the president of the municipality, and confer the powers on the Chief Officer as well as the Director of municipalities," the petition said.
While earlier president and CO jointly decided on issues of finances and maintenance of street lights and roads among other things, the GRs vested the power entirely with COs, which is contrary to sections 45 and 49 of Gujarat Municipality Act, it said.
"Requirement of the signature of the president (who is an elected representative) as well as his supervision and control to watch over the financial and executive administration has been completely done away with," it said, adding that the new system also does away with tendering process for works.
"President would not be in a position to work as a watchdog," it said, demanding that the government resolutions be set aside.
