In present times, when “fractured mandates” are the norm, the court must interpret laws “in favour of stability”, the bench, headed by justice FI Rebello, said.
In a significant ruling, a three-judge bench of the Bombay high court has held that political parties or groups can appoint a councillor — who is not a member of the party — to the standing or other committees of a municipal corporation.
In present times, when “fractured mandates” are the norm, the court must interpret laws “in favour of stability”, the bench, headed by justice FI Rebello, said.
A full bench of justices FI Rebello, DG Karnik and JH Bhatia gave the judgment after hearing a bunch of petitions filed by councillors from Nashik and Malegaon municipal corporations.
The full bench was constituted last year after two division benches had different views as to whether a party can appoint someone who is not its member to a standing committee, under the Maharashtra Municipal Corporation Act, 2007.
While one bench had held that this was permissible, the other bench opined that “if such a mode is accepted, it would defeat the provisions of the Maharashtra Local Authority Members’ Disqualification Rules, 1987”.
On April 1, the full bench held that as per law, this was permissible. “It is possible that in order to have a working majority, a party, front or group may seek support of other groups or independents and in lieu of such support may agree to nominate members, belonging to such groups or independents to various committees from their quota,” the high court observed.
“While only the recognised parties, registered parties or groups or aghadis/fronts will have the right to appointment by nomination on the standing committee on the basis of relative strength of such parties or groups, they may nominate to the committee any member, who does not belong to it from its own quota,” the judges said.
The court said the number of independent councillors or members can’t be taken into account while deciding relative strength of such parties or groups in the corporation.
However, Ashish Shelar, a standing committee member, said the corporation act allows a party to nominate a person from any other party or an independent. It states that the person needs to be a councillor and a member of the municipal corporation, he said.
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