Case Note & Summary
The Bombay High Court considered four writ petitions challenging the State Government’s order dated 27 November 2018, by which the nomination of certain nominated Councillors of the Bhiwandi Nizampur City Municipal Corporation was suspended. The Councillors had been nominated by Municipal Corporation Resolution No. 76 dated 12 July 2018. The challenge was based on alleged non-compliance with Rule 4 of the Maharashtra Municipal Corporation (Qualification and Appointment of Nominated Councillors) Rules, 2012.
The Court examined whether the State Government could invoke Section 451(1) of the Maharashtra Municipal Corporations Act, 1949 to suspend the Municipal Corporation’s resolution. It considered the statutory scheme concerning nominated Councillors and relied upon the Full Bench decision in Anil Vidyarthi Chanderlal Ailani v. State of Maharashtra, holding that disputes concerning nomination could be subjected to the statutory Election Petition remedy under Section 16.
The Court held that Section 451(1) permitted State intervention only where the statutory conditions for exercising the power were satisfied. The impugned order, however, merely stated that the Rules governing nomination had not been followed and failed to record specific reasons justifying suspension. The Court also found significance in the fact that the nominations had continued for about five months before the State Government intervened.
Accordingly, the High Court found the State Government’s order ex-facie illegal and arbitrary, holding that the State Government had improperly exercised its control under Section 451 in a matter for which other legal remedies were available. The impugned suspension order was therefore set aside and all four writ petitions succeeded.
The Court clarified that it did not decide the merits of the qualifications of the nominated Councillors. The complainant remained free to pursue available legal remedies, and all contentions regarding the Councillors’ qualifications were kept open.
Issue of Consideration
Whether the State Government had the authority to suspend the nominated Councillors of the Bhiwandi Nizampur City Municipal Corporation.
Final Decision
Writ petitions were allowed; Rule was made absolute in terms of prayer clause (a). The Court clarified that it had expressed no opinion on the merits of the controversy, leaving all contentions regarding the qualifications of nominated Councillors open. The complainant was not precluded from pursuing appropriate legal remedies, which were to be decided independently in accordance with law. No order as to costs.
Law Points
- Constitutional jurisdiction
- Municipal Corporation Act
- Nominated Councillors
- Government intervention
- Political dispute
