NDLI: Sanjay Ramdas Patil Vs. Sanjay and Others

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Maharashtra Municipal Corporations (Reservation of Offices of Mayors) Rules 2006 – r. 3(2)
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Constitution of India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Maharashtra Municipal Corporations (Reservation of Offices of Mayors) Rules, 2006 – r. 3(2) – Constitution of India – Art. 243T – Maharashtra Municipal Corporations Act, 1949 – s. 19A – Reservation of offices for the election of Mayor – Issuance of Notification whereby Office of Mayor in Dhule Municipal Corporation for the term commencing from June, 2021 reserved for Backward Class category – Writ petition by respondent no.1 challenging the said Notification and sought direction to reserve the post of Mayor of the said Corporation for the next term for Scheduled Caste category – Notification set aside by the High Court holding that since already on two earlier occasions, the Office of Mayor of the said Corporation was reserved for Backward Class, coupled with the fact that there has been no reservation for the Scheduled Caste category, amounted to violation of rotation policy – On appeal, held: Rules of 2006 are mechanism for giving effect to the constitutional mandate u/Art. 243T of providing reservation for Scheduled Castes and Scheduled Tribes and the enabling provision for providing reservation for Backward Class of Citizens in proportion to their population – Combined reading of the said Rules along with the Art. 243T and s. 19(1A) would not permit the interpretation as placed by the High Court – Taking into consideration the fact that the number of seats reserved for Scheduled Castes are 3 whereas for Backward Class are 7 i.e. more than twice, it is quite probable that the post of Mayor could be reserved for two earlier terms for Backward Class and whereas no reservation is provided for Scheduled Castes – Dominant purpose and the legislative intent of r. 3 is to provide reservation in proportion of the population of such categories in the Municipal areas and also to ensure that while all the eligible Corporations get reservation at some point of time for the different categories, at the same time there would be no repetition of reservation until the rotation is complete – Legislative intent is to exclude the Corporations which were earlier reserved for a particular category until all the categories are provided reservation – However, while doing so, the Court will have to interpret r. 3 in such a manner that this scheme is made workable and not frustrated. Interpretation of statutes: Cardinal principle of construction of a statute – Held: Duty of the Court is to construe the Statute as a whole – One provision of the Act is to be construed with reference to other provisions so as to make a consistent enactment of the whole Statute – Provisions which appear to be in conflict with each other are to be constructed so as to harmonise them – While interpreting a particular statutory provision, it should not result into making the other provision a “dead letter” – Furthermore, the court needs to ascertain the intention of the law-making authority in the backdrop of dominant purpose and the intendment of the Statute – Court will have to prefer an interpretation which makes the Statute workable and gives effect to the intention of the legislature than the one which defeats the purpose of the enactment.
Judge	Hon'ble Mr. Justice Bhushan Ramkrishna Gavai
Neutral Citation	2021 INSC 435
Petitioner	Sanjay Ramdas Patil
Respondent	Sanjay And Others
SCR	[2021] 11 S.C.R. 640
Judgement Date	2021-09-01
Case Number	5060

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