Mumbai: The Maharashtra Cabinet, chaired by Chief Minister Devendra Fadnavis on Tuesday approved a decision to promulgate an ordinance to amend the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, with the objective of granting membership and voting rights to directly elected Presidents of Municipal Councils and Nagar Panchayats.
Existing Legal Framework Explained
Under the existing framework, a person eligible to be elected as a member of a Municipal Council or Nagar Panchayat is also eligible to contest the post of President. This makes it possible for an individual to be elected both as a member and as President at the same time, thereby receiving a clear public mandate for both positions. In cases where the President is elected from among the members, the individual continues to function as a member while also holding the office of President.
The Cabinet noted that whether a President is elected directly by the people or chosen from among the members, the individual carries a democratic mandate. In view of this, the proposed amendment seeks to formally recognise the right of a directly elected President to simultaneously hold membership of the council. The ordinance will also grant such Presidents the right to vote as a member.
Voting Rights and Casting Vote Provision
According to the proposed changes, a directly elected President will be entitled to exercise one vote, either in the capacity of President or as a member. In the event of a tie during voting, the President will continue to enjoy the authority to cast a deciding or casting vote, as provided under the Act.
The Cabinet gave its approval for issuing an ordinance to implement these amendments, aiming to remove ambiguity in the law and ensure that directly elected Presidents are able to fully exercise their representative role within Municipal Councils and Nagar Panchayats.
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