Case Note & Summary
The petitioner, Jairam T. Shinde, a councillor of the Nashik Municipal Corporation, filed a writ petition challenging the nomination of respondent no.5 by the Mayor (respondent no.3) as a member of the standing committee, purportedly from the Shiv Sena quota. The petitioner sought a declaration that the nomination was arbitrary and illegal, and sought a direction to appoint him as a member representing the majority of small registered political parties, relying on observations in a Full Bench decision. The Nashik Municipal Corporation is constituted under the Bombay Provincial Municipal Corporation Act, 1949, with a General Body of 108 elected councillors. The standing committee is formed under Section 74 of the Act. The court examined the Mayor's power of nomination and held that it is discretionary and not governed by the principle of proportional representation. The petitioner had no right to be nominated. The court dismissed the petition, finding no merit in the challenge.
Headnote
A) Municipal Law - Standing Committee - Nomination by Mayor - Section 74 of the Bombay Provincial Municipal Corporation Act, 1949 - The Mayor's power to nominate members to the standing committee is discretionary and not subject to proportional representation. The petitioner, a councillor, cannot claim a right to be nominated as a member of the standing committee merely because his party has a majority. The court dismissed the petition, upholding the Mayor's nomination of respondent no.5. (Paras 1-3)
Issue of Consideration
Whether the Mayor's nomination of a member to the standing committee of a municipal corporation under Section 74 of the Bombay Provincial Municipal Corporation Act, 1949 is subject to the principle of proportional representation and whether a councillor belonging to a political party has a right to be nominated as a member of the standing committee.
Final Decision
The petition is dismissed. The Mayor's nomination of respondent no.5 is upheld.
Law Points
- Mayor's discretion in nomination to standing committee
- Proportional representation not applicable to nomination
- No right to be nominated as member of standing committee
Case Details
WRIT PETITION NO. 2442 OF 2011
MOHIT S. SHAH, C.J., D.G. KARNIK, J.
Mr. A.V. Anturkar, Senior Advocate with Mr. Shrishail Deshmukh, Mr. P.B. Gole and Mr. P.N. Joshi for the petitioner. Mr. V.D. Patil, Government Pleader for respondent no.1 for the State. Mr. V.A. Gangal, Senior Advocate with Mr. A.T. Gade with Mr. Vindu Pandey and Mr. Charanjeet Kaur for respondent nos.2 and 4. Mr. P.K. Dhakephalkar, Senior Advocate with Mr. Mandar Goswami and Mr. Mahesh Thorat for respondent no.5. Mr. S.G. Aney, Senior Advocate with Mr. L.M. Acharya for respondent no.3.
The State of Maharashtra & Ors.
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Nature of Litigation
Writ petition challenging the Mayor's nomination of a member to the standing committee of Nashik Municipal Corporation.
Remedy Sought
Declaration that the nomination of respondent no.5 is arbitrary and illegal, and direction to appoint the petitioner as a member of the standing committee.
Filing Reason
The petitioner, a councillor, alleged that the Mayor's nomination of respondent no.5 from Shiv Sena quota was arbitrary and that the petitioner should have been nominated as representing the majority of small registered political parties.
Previous Decisions
The petitioner relied on observations in paragraph 13 of the Full Bench decision in Jairam Tolaji Shinde Vs. The Secretary, Urban Development, Maharashtra State, 2010(3) Mh.L.J 465.
Issues
Whether the Mayor's nomination to the standing committee is subject to proportional representation.
Whether the petitioner has a right to be nominated as a member of the standing committee.
Submissions/Arguments
Petitioner argued that the Mayor's nomination should reflect proportional representation and that the petitioner, being from a party with majority, should be nominated.
Respondents argued that the Mayor's power of nomination is discretionary and not subject to proportional representation.
Ratio Decidendi
The Mayor's power to nominate members to the standing committee under Section 74 of the Bombay Provincial Municipal Corporation Act, 1949 is discretionary and not subject to the principle of proportional representation. A councillor has no right to be nominated as a member of the standing committee.
Judgment Excerpts
As the elections to the post of the Chairman of the standing committee was required to be held expeditiously, we pronounced our order forthwith with a direction that the reasons would follow.
By this petition the petitioner, a councillor of Municipal Corporation of Nashik, seeks a declaration that the action of respondent no.3 (the mayor of Municipal Corporation of Nashik) of nominating the respondent no.5, purporting to be from Shiv Sena quota, as a member of the standing committee of the municipal corporation to be arbitrary, illegal, null and void.
Procedural History
The petitioner filed a writ petition in the Bombay High Court challenging the Mayor's nomination. The court heard the matter and pronounced an oral order on April 7, 2011, with reasons to follow. The present judgment contains the reasons.
Acts & Sections
- Bombay Provincial Municipal Corporation Act, 1949: Section 74
