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SUNIL B. SHUKRE, RAJESH S. PATIL
Ravindra Dattaram Waikar – Appellant
Versus
State of Maharastra – Respondent
JUDGMENT/ORDER
SUNIL B.SHUKRE, J. - Heard.
2. RULE. Rule is made returnable forthwith, by consent of learned counsel for the respective parties.
3. The Petitioner is a Member of Legislative Assembly (hereinafter referred to as the "MLA"). He states that he belongs to a party i.e. Shiv Sena (UBT), a Political Party in the State Legislature and represents Jogeshwari (E) Legislative Assembly Constituency No.158. He was so elected in the elections held in the year 2019. His grievance is about the discriminatory attitude adopted by the State of Maharashtra in allocation of Government funds to different constituencies for development of infrastructure and basic civic amenities in the Slums situated in those constituencies.
4. The Petitioner submits that there is a fund called Maharashtra Local Development Fund the objective of which is to ensure development of infrastructural facilities in local areas. He submits that funds are made available to the members of Legislative Assembly in the State of Maharashtra from Maharashtra Local Development Funds and the funds are allocated equally to every elected representative, who is a Member of Legislative Assembly or State Legislative Council (herein
Public authorities must exercise discretion in a fair, objective, and non-discriminatory manner when allocating funds, but the court found no violation of this principle in the case at hand.
Judicial review of policy decisions regarding constituency funding is limited; such allocations are not legally mandated, and applications filed out of time are deemed frivolous.
Judicial review of administrative decisions is limited; funding allocation is a policy matter not subject to court scrutiny, and applications made out of time are deemed frivolous.
The State Government has the authority to allocate funds for development works in the public interest, and the absence of a personal right in the petitioner precludes the challenge to the State's dec....
The court affirmed that allocation of resources post-reorganization requires only that decision-makers consider relevant factors, allowing flexibility in methodologies and reinforcing the validity of....
Allotment of seats to others-The Election Commission shall after having allotted seat reserved for the Schedule Castes, Schedule Tribes and socially and educationally backward classes under rules 4, ....
The allocation of postings must be fair, transparent, and based on established merit principles, ensuring that no employee is arbitrarily deprived of their rightful position.
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