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SC upholds Gujarat law allowing multiple councillors in a ward

A view of the Supreme Court of India. File   | Photo Credit: Shanker Chakravarty

The Supreme Court on Wednesday upheld a Gujarat municipal law which allows more than one councillor to represent a ward, saying more representation actually increases the empowerment of the poor in a constituency.

A Bench of Justices Ashok Bhushan and R. Subhash Reddy upheld the constitutional validity of certain provisions of the Gujarat Provincial Municipal Corporation Act, 1949 which increased the number of councillors in a ward to four.

The court said there was no prohibition or limitation in the Constitution prohibiting the State Legislature from making a law providing for election of more than one member from a ward. Articles 243R and 243S (constitution and composition of wards committees) of the Constitution did not contain any limitation to the effect that there shall be only one member from a ward, it said.

The apex court said the idea of providing reservation for the benefit of weaker sections of the society was an effort to improve their lot.

The observation came on a plea challenging the holding of the 2015 local body elections in Gujarat under certain provisions which increased the number of councillors in a ward to four.

The petitions challenged certain provisions of the Gujarat Provincial Municipal Corporation Act, 1949, the Gujarat Local Authorities Laws (Amendment) Act, 2009 and the Bombay Provincial Municipal Corporation Rules.

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Printable version | Apr 17, 2021 6:19:51 AM | https://www.thehindu.com/news/national/other-states/sc-upholds-gujarat-law-allowing-multiple-councillors-in-a-ward/article33927877.ece

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