Case Note & Summary
The petitioners, who are councillors of the Mumbai Municipal Corporation, challenged the constitutional validity of Ordinance No.XIII of 2021 dated 30 November 2021, which amended Section 5(1)(a) of the Mumbai Municipal Corporation Act, 1888, increasing the number of directly elected Municipal Councillors from 227 to 236. The petitioners argued that the Ordinance was arbitrary, without any basis, and violated the provisions of the Constitution, particularly Article 243R and Article 243ZA. They contended that the increase was not based on any fresh census data and that the State Legislature lacked competence to issue such an ordinance. The respondents, including the State of Maharashtra, the State Election Commission, the Election Commission of India, and the Municipal Corporation of Greater Mumbai, defended the Ordinance, submitting that it was a valid exercise of legislative power under Entry 5 of List II of the Seventh Schedule and Article 213 of the Constitution. The court examined the provisions of the Mumbai Municipal Corporation Act, 1888, and the impugned Ordinance. It noted that the 2011 Census recorded the population of Mumbai as 1,24,42,373, and the increase in councillors was based on this data. The court held that the State Legislature has the competence to amend the Act and that the Ordinance was valid. The court further held that the Ordinance did not violate any constitutional provision, including Article 243R, which empowers the State Legislature to determine the composition of municipalities. The court dismissed the writ petition, upholding the constitutional validity of the Ordinance.
Headnote
A) Constitutional Law - Legislative Competence - Ordinance Making Power - State Legislature has competence to amend Mumbai Municipal Corporation Act, 1888 under Entry 5 of List II of Seventh Schedule - Ordinance issued under Article 213 of Constitution is valid exercise of legislative power - Held that the Ordinance is within the legislative competence of the State Legislature (Paras 1-10). B) Municipal Law - Composition of Corporation - Amendment of Section 5(1)(a) - Increase in number of directly elected councillors from 227 to 236 based on 2011 Census - Ordinance No.XIII of 2021 - Held that the amendment is valid and does not violate any constitutional provision (Paras 11-20). C) Constitutional Law - Article 243R - Composition of Municipalities - State Legislature has power to determine composition of Municipal Corporation - Ordinance increasing number of councillors is in conformity with Article 243R - Held that the Ordinance does not infringe Article 243R (Paras 15-18).
Issue of Consideration
Whether the Ordinance No.XIII of 2021 amending Section 5(1)(a) of the Mumbai Municipal Corporation Act, 1888, increasing the number of directly elected Municipal Councillors from 227 to 236, is constitutionally valid.
Final Decision
The court dismissed the writ petition and upheld the constitutional validity of Ordinance No.XIII of 2021.
Law Points
- Constitutional validity of Ordinance
- Legislative competence of State Legislature
- Power to amend municipal laws
- Census Act
- 1948
- Census Rules
- 1990
- Article 243R of Constitution of India
- Article 243ZA of Constitution of India
- Article 243ZF of Constitution of India
- Article 213 of Constitution of India
