Case Note & Summary
The petitioner, Sanjay Sudhakar Jadhav, a scheduled caste social worker and former councillor of Dhule Municipal Corporation, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging a notification dated 27.11.2019 issued by the Government of Maharashtra, Urban Development Department. The notification reserved the office of Mayor of Dhule Municipal Corporation for the Scheduled Caste category. The petitioner contended that the reservation was contrary to the rotation policy prescribed under Section 22 of the Maharashtra Municipal Corporations Act, 1949, which mandates a specific rotation cycle for reservation of the Mayor's office. The court examined the statutory provisions and the impugned notification. It noted that the facts were not in dispute and the issue lay within a narrow compass. The court held that the reservation of the office of Mayor must follow the rotation cycle as per the Act, and the government cannot alter the reservation mid-cycle through an executive notification without amending the Act. Consequently, the court quashed the impugned notification and directed the respondents to reserve the office of Mayor in accordance with the rotation policy. The judgment was delivered by a division bench of Justices Ujjal Bhuyan and M. G. Sewlikar on 7th May 2021.
Headnote
A) Municipal Law - Reservation of Office of Mayor - Rotation Policy - Section 22 of Maharashtra Municipal Corporations Act, 1949 - The petitioner challenged a notification reserving the Mayor's office for Scheduled Caste category, arguing it violated the rotation cycle. The court examined the statutory scheme and held that the reservation must follow the prescribed rotation and cannot be altered by executive notification without amending the Act. (Paras 1-10) B) Constitutional Law - Writ Jurisdiction - Articles 226 and 227 of Constitution of India - The court exercised its writ jurisdiction to quash the impugned notification as it was contrary to the statutory rotation policy. (Paras 3, 10) C) Interpretation of Statutes - Rotation of Reserved Offices - Section 22 of Maharashtra Municipal Corporations Act, 1949 - The court interpreted Section 22 to require a fixed rotation cycle for reservation of Mayor's office, and any deviation requires legislative amendment. (Paras 7-9)
Issue of Consideration
Whether the notification dated 27.11.2019 reserving the office of Mayor of Dhule Municipal Corporation for Scheduled Caste category is valid and in accordance with the rotation policy under the Maharashtra Municipal Corporations Act, 1949.
Final Decision
The court quashed the notification dated 27.11.2019 and directed the respondents to reserve the office of Mayor in Dhule Municipal Corporation in accordance with the rotation policy under Section 22 of the Maharashtra Municipal Corporations Act, 1949.
Law Points
- Reservation of office of Mayor must follow rotation policy under Section 22 of Maharashtra Municipal Corporations Act
- 1949
- Government cannot alter reservation mid-cycle without legislative amendment
- Articles 226 and 227 of Constitution of India
