Case Note & Summary
The petitioners, three voters of Municipal Council, Sindkhedraja, filed a writ petition challenging a corrigendum dated 17/12/2018 issued by the State Government. The corrigendum cancelled the earlier reservation of the post of President for a particular category and instead reserved it for the open (general) category. The petitioners sought quashing of the corrigendum and directions to reserve the post for OBC women category or to include reserved posts for ST category. The High Court of Bombay at Nagpur Bench heard the matter. The court noted that the challenge was to the reservation of the President post, which is governed by the rule of rotation under the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965. The petitioners argued that the rule of rotation requires that the post be rotated among different categories and that the open category had already been given the post in previous terms. However, the court found that the rule of rotation does not prescribe a fixed sequence or mandate that any particular category must be reserved at a given time. The State Government has the discretion to decide the reservation based on the rotation policy. The court also observed that the petitioners, as voters, had no locus standi to challenge the reservation policy in the absence of any violation of statutory provisions or fundamental rights. The court held that the corrigendum did not violate any law and dismissed the petition with no order as to costs.
Headnote
A) Municipal Law - Reservation of President Post - Rule of Rotation - Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, Sections 51A and 51B - Challenge to corrigendum reserving President post for open category - Petitioners, voters, sought quashing of corrigendum and direction to reserve for OBC women or ST category - Court held that the rule of rotation does not mandate any particular category to be reserved at any given time; the State Government has discretion to decide reservation based on rotation policy - No violation of law or fundamental rights - Petition dismissed (Paras 1-8).
Issue of Consideration
Whether the corrigendum dated 17/12/2018 reserving the post of President of Municipal Council, Sindkhedraja for open category instead of OBC women or ST category violates the rule of rotation and the rights of the petitioners.
Final Decision
The petition is dismissed. No order as to costs.
Law Points
- Rule of rotation for reservation of President post
- Reservation policy under Maharashtra Municipal Councils Act
- 1965
- Scope of judicial review in election matters
- Locus standi of voters to challenge reservation
