Case Note & Summary
The petitioner, Vinod Gopichand Rathod, filed a writ petition in the Bombay High Court, Aurangabad Bench, seeking a writ of mandamus to direct the Collector, Parbhani, to declare him as a nominated councilor of the Municipal Council, Jintur. The petitioner claimed to be a social worker and legal practitioner. The respondents included the State of Maharashtra, the Collector, the Sub Divisional Officer, the Municipal Council, and several individuals. The court heard arguments from the petitioner's counsel, the Assistant Government Pleader for respondent nos. 1 to 3, and counsel for respondent no. 4 and respondent nos. 5 & 7 to 12. The court noted that the petitioner's prayer was for issuance of a writ of mandamus to compel the Collector to declare him as a nominated councilor. The court examined the relevant provisions of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, particularly Section 10 which deals with nomination of councilors. The court held that the power of nomination under Section 10 is discretionary and vested in the State Government. No person has a legal right to be nominated, and the court cannot issue a writ of mandamus to compel the exercise of such discretionary power. The petitioner failed to establish any legal right or that the respondents had a corresponding duty to nominate him. Consequently, the court dismissed the petition. The judgment was delivered by Justice R.M. Borde and Justice U.D. Salvi on 5th February 2013.
Headnote
A) Municipal Law - Nomination of Councilors - Section 10 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 - The petitioner sought a writ of mandamus to be declared as a nominated councilor. The court held that nomination under Section 10 is a discretionary power of the State Government and cannot be claimed as a matter of right. The petition was dismissed as the petitioner failed to show any legal right or that the respondents had a duty to nominate him. (Paras 1-5)
Issue of Consideration
Whether the petitioner is entitled to be declared as a nominated councilor of the Municipal Council, Jintur, and whether a writ of mandamus can be issued to compel the Collector to nominate him.
Final Decision
The petition is dismissed. Rule discharged. No order as to costs.
Law Points
- Nomination of councilors under Section 10 of the Maharashtra Municipal Councils
- Nagar Panchayats and Industrial Townships Act
- 1965 is a discretionary power of the State Government
- not a matter of right
- no writ of mandamus can be issued to compel nomination.
