AMBEDKARITE PARTY OF INDIA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Petitioner has approached this Court being aggrieved by the Ordinance promulgated by the Hon'ble Governor of Maharashtra called as "the Maharashtra Municipal Corporations and the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Township (Amendment) Ordinance, 2016 hereinafter referred to "the amended Ordinance". By virtue of the said Ordinance, amendments have been effected to the Maharashtra Municipal Corporations Act (hereinafter referred to as "the Corporations Act" and the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 (hereinafter referred to as "the Act of 1965"). The amendments provide that, insofar as the Municipal Corporation is concerned, each of the wards shall elect as far as possible four Councillors but not less than three and not more than five Councillors. It further provide that each voter would be entitled to cast the same number of votes, as number of Councillors to be elected in his ward.

(2.) Insofar as the general elections to the Municipal Council are concerned, it has been provided that each of the wards shall elect as far as possible two Councillors but not more than three Councillors. It has been further provided that each voter shall, not withstanding anything contained in sub-section (2) of Section 14, be entitled to cast the same number of votes, as the number of Councillors to be elected in his ward.

(3.) Another ground of challenge is with regard to election of Chairpersons of Municipal Councils directly. According to the learned Counsel, there is no provision in the Constitution which permits election to the post of President of Municipal Council to be done directly and as such, the amendment violates the Constitution of India.