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2002 Supreme(Bom) 1029

IN THE HIGH COURT OF BOMBAY
Shah A.P. Smt. Desai Ranjana, JJ.
Sudhakar Waman Chavan others .... Petitioners.
Versus
State of Maharashtra others.... Respondents.
Writ Petition Nos. 4789, 4157 4674 of 2002, decided on 23-9-2002.
Advocates appeared :
P.M. Pradhan, in W.P. No. 4789/2002, for petitioners.
Ms. Pawar A.G.P., in W.P. Nos. 4789, 4157 4674/2002.
R.S. Apte, in W.P. Nos. 4789/2002 4674/2002, for Municipal Corporation W.P. No. 4157/2002, for respondent No. 1.
S.S. Kulkarni, in W.P. No. 4157/2002, for petitioners.
A.S. Oka with Rajesh S. Datar, in W.P. No. 4674/2002, for petitioners.

Headnote:Bombay Provincial Municipal Corporations Act, 1949 - Sections 29-A and 451 - State government has no jurisdiction to interfere with constitution of the ward committees.

JUDGMENT - SHAH A.P., J.:---Rule. Respondents waive service. By consent petitions are taken for final hearing.

2. These writ petitions under Article 226 can be conveniently disposed of by a common order since they all pertain to elections to the Ward Committees of Thane Municipal Corporation under section 29-A of the Bombay Provincial Municipal Corporations Act, 1949, hereinafter referred to as the 'Act'.

3. By the Constitution 74th Amendment Act of 1992, Parliament introduced Part 9-A to the Constitution with the object to promote and strengthen the concept of self Government at local level and decentralisation of power. Article 243-S provides for Constitution of Wards Committees in all municipalities having population of more than three lakhs. Pursuant to the mandate of Article 243-S, State legislature has introduced section 29-A in the Act by Maharashtra Act 41 of 1994. Section 29-A inter alia provides as follows :

"29-A; Constitution of Wards Committees;

1) In every city, there shall be constituted wards committees comprising of such continuous elected wards as may be decided by the Corporation, in accordance with the following table;

Population minimum additional maximum number of Wards number of

Wards Committees Wards

Committees for addl. Committees

population

Above 3 lacs 3 4

upto 4.5 lacs

Above 4.5 lacs 4 1,50,000 9

and upto 12 lacs

Above 12 lacs 9 3,00,000 13

upto 24 lacs

Above 24 lacs 13 6,00,000 25

(2) Each Wards Committees shall consist of---

a) the Councillors representing the electoral wards within the territorial area of the Wards Committee.

b) the officer incharge of the territorial area of the wards committee.

c) such number of other members not exceeding three, nominated by the Councillors referred to in Clause (a), from amongst the members of recognised non Government organisations and Community based organizations engaged in social welfare activities working within the area of the Wards Committee.

Provided that such persons are registered as electors in the wards within the jurisdiction of the Wards Committees.

Provided further that the norms for recognition of the Non-Government organisations, the requisite qualification for nomination as members and the manner in which they are to be nominated shall be such as the State Government may prescribe.

3) The duration of the Wards Committees shall be co-terminus with the duration of the Corporation.

4) The elected Councillors referred to in Clause (a) of sub-section (2) shall at the first meeting of the Wards Committee in each official year elect, from amongst themselves the Chairperson who shall hold office until the first meeting in the next following official year.

5..........

6.........

7) The functions of the Wards Committee shall subject to the general supervision and control of the Corporation, be---

a) the speedy redressal of common grievances of citizens, connected with local and essential Municipal services like water supply, drainage, sanitation and storm water disposal.

b) to consider and make recommendations on the proposals regarding estimates of expenditure pertaining to the wards under different heads of account of the budget before being forwards to the Commissioner.

c) to grant administrative approval and financial sanction to the plans for Municipal works to be carried out within the territorial area of the Wards Committee costing upto rupees five lacs provided that specific provision exists therefor in the budget sanctioned by the Corporation.

8..........

9..........."

4. As seen from the provisions of sub-section (7) of section 29-A the object of setting up of Wards Committees is to give speedy redressal of grievances of citizens connected with essential Municipal services and to consider and recommend proposal regarding estimates of expenditure pertaining to the wards and to grant financial approval for Municipal works to be carried in the territorial area of the ward subject to the limit specified in the said section.

5. The facts and circumstances leadi
































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