VidhiSangh

Supreme Court of India · 25/09/2018

SHAILESH BANDU SWAMI AND ANOTHER versus DIPAK AND OTHERS

[2018] 12 S.C.R. 118 · 2018 INSC 878

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Summary

The Supreme Court restored the appointments of incoming Standing Committee members and its Chairman in Latur Municipal Corporation. Although statutory timelines had not been followed during an election code-of-conduct period, the departures were irregularities causing no demonstrated loss of statutory rights. The Corporation nominated members proportionately on party leaders’ recommendations, and the reconstituted sixteen-member Committee elected its Chairman. The High Court’s directions restarting the process were unwarranted. Its judgment was set aside and the writ petition dismissed without costs.

Issues

  1. Whether departures from statutory timelines warranted nullifying Standing Committee appointments and the Chairman’s election.
  2. Whether the proper statutory bodies had made the appointments while preserving proportional representation.

Provisions considered

Held

Result

Appeals allowed; High Court judgment set aside; writ petition dismissed without costs. Standing Committee appointments and Chairman’s election left undisturbed.

Judgment PDF: Supreme Court of India, [2018] 12 S.C.R. 118.