LAWS(BOM)-2002-9-39

SUDHAKAR WAMAN CHAVAN Vs. STATE OF MAHARASHTRA

Decided On September 23, 2002
SUDHAKAR WAMAN CHAVAN Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) RULE. Respondents waive service. By consent petitions are taken for final hearing.

(2.) THESE writ petitions under Article 226 can be conveniently disposed of by a common order since they all pertain to elections to the Ward Committees of Thane Municipal Corporation under section 29-A of the Bombay Provincial Municipal Corporations Act, 1949, hereinafter referred to as the Act.

(3.) BY the Constitution 74th Amendment Act of 1992, Parliament introduced Part 9-A to the Constitution with the object to promote and strengthen the concept of self Government at local level and decentralisation of power. Article 243-S provides for Constitution of Wards Committees in all municipalities having population of more than three lakhs. Pursuant to the mandate of Article 243-S, State legislature has introduced section 29-A in the Act by Maharashtra Act 41 of 1994. Section 29-A inter alia provides as follows : "29-A; Constitution of Wards Committees; 1) In every city, there shall be constituted wards committees comprising of such continuous elected wards as may be decided by the Corporation, in accordance with the following table;.