Elected Members Of Municipality Can’t Be Removed At Whims And Fancies Of Civil Servants or Political Masters

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In a recent judgement, the honourable Supreme Court of India presided over a matter of conflict between certain elected members of the local municipality and their overlooking superiors and political bosses.

The matter pertained to disqualification of certain elected members in the state of Maharashtra by their superiors, the honourable court held that the elected members are the representatives of the democracy at the grass-root level and cannot be thrown out of the office at the ‘whims and fancies’ of civil servants or their ‘political masters’.

In the cases filed as Makarand Alias Nandu v. State of Maharashtra and Nitin v. State of Maharashtra, the court set aside the disqualification orders issued in 2015 and 2016 by the Minister-in-charge, Urban Development (State of Maharashtra).

The bench lead by Justices Surya Kant and PS Narsimha unequivocally stated that Municipalities are form of local self government, reflective of grass-root democracy. The court said, “The Municipality is an institution of grass-root level democracy. The elected members cannot be removed at the winds and fancy’s of civil servants or their political masters only because some of such elected members are found to be inconvenient with the system

Markand Alias Nandu v. State of Maharashtra

In this case the appellant who was the elected councillor of Municipal Council, Osmanabad, further elected as the vice president of the council in 2006, was disqualified by the minister in charge in preceding that took place in a suo-moto manner for alleged misuse of power to construct an illegal house in excess of the permission granted.

While presiding over the case the court observed that there was no credible evidence corroborating the claim on the basis of which the councillor was ousted from his office. The court additionally noted the fact that the formal complaint surfaced only after the appellant became a councillor and Vice-President of the Municipal Council suggests that it wasn’t a coincidence.

Furthermore the court noted that the case was moved from collector to the state government without a clear reason and the minister was quick to take the decision to remove the appellant the progression of the incidents suggest that the decision was biassed and not based on relevant factors. The court was of the opinion that this qualification and a further ban on contesting election was against the talk train of proportionality.

Nitin v. State of Maharashtra

The matter of complaint in this case being, the president of the Municipal Council Naldurga in 2011 was disqualified from his position for irregularity of allocating work to one sevalal institution in a tender for garbage collection and disposal invited by the municipality.

The honourable court noted in this case that the tender was awarded only on the basis of resolution passed by the general body meeting and was “therefore difficult to hold that it was an act only attributed to the appellant”.

The court concluded that a complaint file against him was “a ploy to remove him from the elected office”

Common Characters of the Cases

The point of contention of the appellant was that while their tenures had come to and end as well as the period of debarment expired, if the allegations made in their name are not annulled, it will impact their credibility and eligibility to contest elections in the future.

The court said, “it requires no special emphasis that deleted representatives of public officers like municipality deserve due respect and autonomy in their day to day functioning of course subject to such limitations and restrictions as may be prescribed by the law.”

Image source: Desh Apnayein

SC’s Say On Grass-Root Democracy

It was observed by the honourable court that people who are elected to positions in municipalities or any local self government body should be respected and allowed to work independently, though they still must follow the rules set by law.

The principle of local self government as enumerated in the Constitution of India serve as a guiding principle for large scale public participation, a local initiative towards development, and more importantly highlights the vibrant nature of Indian democracy marked by credible institutions such as Panchayat Raj and Municipal Corporations.

Such institutions not only highlight people’s commitment to their own development but the development of the nation as a whole. Hence, the institutions of local self government must be given their due space in the governance machinery and due respect for the work they undertake.

Hey, I am Shristi Mishra, a political science student at the University of Delhi with a strong academic focus on international relations and geopolitics. Throughout my studies, I have developed a keen interest in the interplay between legal frameworks and global affairs in shaping international dynamics. Beyond the classroom, I have honed my skills as a critical thinker and effective communicator and an accomplished debater and public speaker. Additionally, my passion for writing has led me to explore various creative avenues, from authoring an article for UNESCO to creating a compendium of guidelines and practices by MeitY. An avid reader with a penchant for writing am looking forward to exploring both the road taken and the one that's not. Voicing my perspective on the affairs of the world.

1 Comment

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