ORDER Nagu, J:- 1. This petition has been filed raising grievance that after issuance of preliminary notification Annexure P/2 under Article 243 Q of the Constitution and section 5 of M.P. Municipalities Act proposing to constitute a new municipality by the name Khilmasa Block Urai District Sagar, the prerequisite for exercise of the said power, of taking into account various attributes i.e. population and it's density, the revenue generated for local administration, percentage of employment and volume of non-agriculture activities, the economic importance of the area concerned and other relevant factors, have not been taking into account. 2. It is submitted by learned counsel for petitioner that pursuant to Annexure P/2 objection was submitted by petitioner vide Annexure P/3 in this regard but no heed was paid. 3. Learned counsel for petitioner does not dispute that the final notification U/s 5 constituting the said municipality has not yet been issued, and therefore, the petition appears to be prematured. 4. However, the constitutional mandate under Article 243 Q, manifested in section 5 of 1961 Act, needs to be adhered to while taking a decision in regard to formation of a new municipality and this Court has no manner of doubt, that the competent authority shall do so. 5. Learned counsel for petitioner has placed reliance on the decision of apex Court in the case of Champa Lal v. State of Rajasthan and Ors. (2018) 16 SCC 356 wherein it has been held as under : "5. The establishment of municipalities and their organisations is governed by Part IX-A (consisting of Articles 243-P to 243-ZG) of the Constitution of India inserted in the Constitution by the Constitution 74th (Amendment) Act, 1992 with effect from 1-6-1993. (2018) 16 SCC 356 wherein it has been held as under : "5. The establishment of municipalities and their organisations is governed by Part IX-A (consisting of Articles 243-P to 243-ZG) of the Constitution of India inserted in the Constitution by the Constitution 74th (Amendment) Act, 1992 with effect from 1-6-1993. Article 243-P(e) defines the expression "Municipality" to mean an institution of selfgovernment constituted under Article 243-Q. Article 243-Q of the Constitution of India declares as follows: “243-Q. Constitution of Municipalities.—(1) There shall be constituted in every State— (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 smaller urban area; and (c) a Municipal Corporation for a larger urban area, in accordance with the provisions of this Part: Provided that a Municipality under this clause may not be constituted in such urban area or part thereof as the Governor may, having regard to the size of the area and the municipal services being provided or proposed to be provided by an industrial establishment in that area and such other factors as he may deem fit by public notification, specify to be an industrial township. (2) In this article, “a transitional area”, “a smaller urban area” or “a larger urban area” means such area as the Governor may, having regard to the population of the area, the density of the population therein, the revenue generated for local administration, the percentage of employment in non-agricultural activities, the economic importance or such other factors as he may deem fit, specify by public notification for the purposes of this Part.” 6. Article 243-Q contemplates the constitution of three different categories of bodies known as (i) Nagar Panchayat for a transitional area, (ii) Municipal Council for a smaller urban areas, and (iii) Municipal Corporation for a larger urban area. 7. It is declared under Article 243-Q(2) that the expressions “a transitional area”, “a smaller urban area” and “a larger urban area” (hereinafter collectively referred to as “Areas”) would mean such areas as may be specified by the Governor by a public notification for the purpose of Part IX-A of the Constitution of India. 7. It is declared under Article 243-Q(2) that the expressions “a transitional area”, “a smaller urban area” and “a larger urban area” (hereinafter collectively referred to as “Areas”) would mean such areas as may be specified by the Governor by a public notification for the purpose of Part IX-A of the Constitution of India. Article 243-Q(2) further obligates the Governor to have due regard to the various factors mentioned therein before specifying the Areas i.e. population of the area, the density of the population, the revenue generated in the area for local administration, percentage of employment in non-agricultural activities, the economic importance or such other factors as he may deem fit. 8. It, therefore, appears from the scheme of Article 243- Q(2) that the Governor is not free to notify “Areas” in his absolute discretion but is required to fix the parameters necessary to determine whether a particular AREA is a transitional area or a smaller urban area or a larger urban area with due regard to the factors mentioned above. It is implicit that such parameters must be uniform for the entire State. It is only after the determination of the parameters, various municipal bodies contemplated under Article 243-Q(1) could be constituted. 6. This petition therefore stands disposed of with direction to the competent authority that in case no final notification has been issued u/S 5 of 1961 Act then the mandate of Article 243 Q (2) and section 5 of M.P. Municipalities Act, 1961 be taken into account before notifying the said new municipality. No cost.