HC rejects pleas against Prabhag system

Source: The Hitavada      Date: 05 May 2018 10:43:40


Legal Correspondent,

Through a common judgment reserved earlier and pronounced this morning,Justice Bhushan Dharmadhikari and Justice Arun D Upadhye, at the High Court here, have dismissed the 3 writ petitions filed by Social activist Anand Narayanrao Jammu, Haribhau K.Gulhane and Syed Farooq Syed Karim from Yavatmal and Ambedkarite Party of India, upholding the Constitutional validity of Ordinance IX of 2016, Ordinance XVI of 2016 and Maharashtra Act IX of 2017 with the observation that contentions of the petitioners advanced against the two impugned Ordinances did not have any merit and consequently their challenge to the Act IX of 2017 also failed.

The petitioners had challenged the amendments made to the Maharashtra Municipalities Act, 1965 and the Maharashtra Municipal Corporations Act, 1949 and also the Maharashtra Act IX of 2017 on the ground that these violated mandatory provisions of Articles 213(1)(a) and 213(2) of the Constitution of India. Despite mounting this legal challenge, the petitioners did not join any of the local bodies as parties to the petitions, which had underwent elections after promulgation of the Ordinances, which according to them amounted to playing fraud on the Constitution.

According to the petitioners, there was no urgency for promulgating these Ordinances. The State Governor also did not record any satisfaction for need to promulgate these measures,despite it being a condition precedent.The Act IX of 2017 was brought into force,on the date - May 19,2016, Ordinance XVI of 2016 was promulgated. Senior counsel Sunil Manohar successfully defended the impugned measures of the State Government, pointing out that only on two grounds - lack of legislative competence and/or violation of fundamental rights guaranteed under the Constitution such measures could have been challenged, but the petitioners have failed to make out the case in this regard.  Advocates A.K.Waghmare,Firdos Mirza and S.D.Borkute appeared for the petitioners. AGP Nivedita Mehta assisted the Senior counsel for the State. Advocate Jemini Kasat(State Election Commission) and Adv.Anjali Joshi (Central Govt.) represented the other respondents.