KIRAN KADAM Vs. STATE OF MAHARASHTRA & ORS

JUDGEMENT

(1.) All the three Writ Petitions pose a challenge to Ordinance No.IX of 2016 and has sought a relief of declaring the said Ordinance as ultra vires, arbitrary and capricious. Writ Petition No.9896 of 2016 and 7259 of 2016 came to be amended and seek to challenge Maharashtra Act No.IX of 2017. Since the writ petitions revolve around the same issue, they are clubbed together and heard together.

(2.) The Writ Petition No.7259 of 2016 filed by an Advocate and Office bearer of the political party i.e. "The Bharip Bahujan Mahasangh" registered with the Election Commission of India and also the State Election Commission, seeks Quashment of Act No.IX of 2017, which amends the provisions of the Maharashtra Municipal Corporation Act and the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965.

(3.) The petition was instituted in this Court in the month of June 2016, being aggrieved by an ordinance issued by the State of Maharashtra on 19th May 2016, thereby amending Section 5(3) of the Maharashtra Municipal Corporation Act 1949 and also amending provisions of Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965. However, during the pendency of the petition before this Court, the said ordinance came to be replaced by an Act of State legislature in form of Act No.IX of 2017. The petitioner sought leave of this Court which was granted on 13th December 2017 and that is how the petitioner incorporated a challenge to Act IX of 2017, more or less on the same grounds on which the attack was levelled against the ordinance.