HUKUMSINGH PURANLAL SIRIAH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) PETITIONER Hukumsingh Siriah - a co -opted Councilor of the Municipal Council, Kamptee, district Nagpur, has by this petition challenged the order of the Government dated 8th July 1985 passed under section 51(A)(2) of the Maharashtra Municipalities Act ('the Act') refusing to accord approval to his appointment as Vice -President by the President in terms of section 51 -A( 1) on the ground that no co -opted Councilor can be nominated. Other challenges are that (a) State control over the choice of the Vice -President and that too without any guidelines is arbitrary and, therefore, violative of Article 14 of the Constitution and (b) disqualification carved out, if any, only against a co -opted Councilor is discriminatory. We see no merit in any of these contentions for the reasons that follow : -

(2.) SECTION 51 -A reads thus : -

(3.) WE now pass on to the point as to whether this exclusion is hit by Article 14 of the Constitution. Now, while judging validity of any attack on the provisions of any law relating to Local Self Government, it is always necessary to keep in mind that the rights created therein are not common law or civil rights but are merely statutory rights which means they are subject to the limitations imposed by the respective statute. Now, it is quite obvious that a co -opted member belongs to a separate class and is a member only because of the expertise he possesses. He does not represent any constituency. There is a definite object in having experts as Councilors and it is to take benefit of their expertise in the Municipal Administration. In order that his expert knowledge is utilized fully, if he is kept out of elections and the office of the Vice -President (who in a given case may even be required to function as the President) so that his energies are not diverted from the task for which he is co -opted it is difficult to see absence of nexus with the object sought to be achieved. Exclusion of a co -opted member is thus a matter of sound policy.