Case Note & Summary
The petitioner, Ambedkarite Party of India, challenged the Maharashtra Municipal Corporations and the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships (Amendment) Ordinance, 2016, promulgated by the Governor of Maharashtra. The Ordinance amended the Maharashtra Municipal Corporations Act and the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, to introduce a multi-member ward system for municipal elections. Under the amended provisions, each ward would elect as far as possible four councillors, but not less than three and not more than five. Each voter would be entitled to cast the same number of votes as the number of councillors to be elected in that ward. The petitioner argued that this system violated the principle of one person one vote, as it allowed a voter to cast multiple votes while others in different wards might cast fewer votes. The court, however, dismissed the petition, holding that the principle of one person one vote does not require that each voter cast only one vote; rather, it requires that each vote has equal value. Since every voter in a ward has the same number of votes, the value of each vote remains equal. The court also noted that the Ordinance was within the legislative competence of the State and validly promulgated under Article 213 of the Constitution. The petition was dismissed with no order as to costs.
Headnote
A) Constitutional Law - Municipal Elections - Multi-Member Wards - Principle of One Person One Vote - The Ordinance providing for election of multiple councillors per ward and multiple votes per voter does not violate the principle of one person one vote as the value of each vote remains equal. The court held that the principle of one person one vote is not violated merely because a voter can cast multiple votes, as long as each vote has equal value. (Paras 1-5) B) Election Law - Ordinance - Validity - The Ordinance was promulgated by the Governor under Article 213 of the Constitution and is within the legislative competence of the State. The court held that the Ordinance is a valid piece of legislation and not ultra vires. (Paras 1-5)
Issue of Consideration
Whether the Maharashtra Municipal Corporations and the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships (Amendment) Ordinance, 2016, which provides for multi-member wards and multiple votes per voter, violates the principle of one person one vote and is ultra vires the Constitution.
Final Decision
The petition is dismissed. No order as to costs.
Law Points
- Multi-member wards
- multiple votes per voter
- one person one vote
- municipal elections
- ordinance validity
- Maharashtra Municipal Corporations Act
- Maharashtra Municipal Councils Nagar Panchayats and Industrial Townships Act 1965
