Case Note & Summary
The petitioners, elected councillors of Jalna Municipal Council from reserved categories, challenged the constitutional validity of Section 9A of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, as amended by the Amendment Act of 2018, which requires every councillor elected from a reserved seat to obtain a caste validity certificate from the Scrutiny Committee within a specified period, failing which they may be disqualified. The petitioners argued that the provision is arbitrary, discriminatory, and violates Articles 14 and 243T of the Constitution. The High Court, after hearing submissions, held that Section 9A is constitutionally valid. The court reasoned that the provision applies uniformly to all councillors claiming reservation benefits and is based on a reasonable classification with a rational nexus to the object of preventing fraud on reservation. It does not alter the reservation policy under Article 243T but merely prescribes a procedural requirement for verification. The court also noted that the provision is within the legislative competence of the State under Entry 5 of List II of the Seventh Schedule. The petitions were dismissed, and the rule was discharged.
Headnote
A) Constitutional Law - Validity of Legislation - Article 14 - Reasonable Classification - Section 9A of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 - The provision requiring elected councillors to obtain a caste validity certificate within a specified period is not arbitrary or discriminatory. It applies uniformly to all councillors claiming reservation benefits and serves the legitimate purpose of ensuring that only genuine candidates avail reservation. The classification between councillors and other elected representatives is based on intelligible differentia and has a rational nexus with the object. (Paras 3-10) B) Constitutional Law - Municipalities - Article 243T - Reservation of Seats - Section 9A of the Maharashtra Municipal Councils Act, 1965 - The provision does not violate Article 243T as it does not alter the reservation policy but merely prescribes a procedural requirement for verification of caste claims. The amendment is within the legislative competence of the State under Entry 5 of List II of the Seventh Schedule. (Paras 11-15) C) Constitutional Law - Disqualification - Section 9A of the Maharashtra Municipal Councils Act, 1965 - The provision does not create a new disqualification but is a condition for continuing in office. It is a reasonable restriction to prevent fraud on reservation and does not offend Article 14. (Paras 16-20)
Issue of Consideration
Whether Section 9A of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, as amended in 2018, requiring elected councillors to obtain a caste validity certificate within a specified period, is ultra vires Articles 14 and 243T of the Constitution of India.
Final Decision
Both writ petitions are dismissed. Rule discharged. No order as to costs.
Law Points
- Constitutional validity
- Article 14
- Article 243T
- caste validity certificate
- municipal councillors
- disqualification
- Maharashtra Municipal Councils Act
- Section 9A
- reasonable classification
- legislative competence
