Bombay High Court Dismisses Uddhav Faction MLA Ravindra Waikar's Plea Alleging Discrimination In Development Fund Allocation To Opposition MLAs

The Bombay High Court on Friday dismissed a plea filed by Shiv Sena (Uddhav Balasaheb Thackeray) group MLA Ravindra Waikar alleging gross discrimination in allocation of Maharashtra Local Development Funds assigned to the Members of the Legislative Assembly (MLA) and Members of the Legislative Council (MLC).

The MLD funds are meant for MLAs and MLCs to develop their respective constituencies are disbursed through the District Planning Commission by the State of Maharashtra.

The division bench comprising Justices Sunil Shukre and Rajesh Patil pronounced the order.

"We have found there is no sufficient material for us to test to fairness of the government's decision to allocate funds," it said.

Since the issue raised pertains to the admistrative powers of the state, it can only be examined on Wednesbury's principle of "unreasonableness," the court said.

"We find no merit in the petition, thus dismissed," it ordered.

The court further said it was leaving larger questions raised in the petition open.

Advocate Satish Borulkar for Waikar submitted that the Maharashtra Housing and Area Development Authority (MHADA) had allotted Rs 11,420.44 lakh for ‘Slum Dwellers Re-allocation and Rehabilitation Plan of 2022-23’, Rs 26,687.2 lakh for ‘Development of Slums in Other than Backward Class’ and Rs 7,000 lakh for ‘Development of Basic Infrastructure’ for areas in Mumbai suburban district.

Then he submitted a chart showing the names of the MLAs of different assembly constituencies, and the amounts which are disbursed. Based on the chart, Borulkar submitted that large amounts were disbursed in favour of MLAs who belonged to the ruling BJP and Eknath Shinde-led Shiv Sena, and in respect of the others there is a meager allocation of funds.

He further expressed the need for fair, non-discriminatory and non-arbitrary allocation of funds as these funds are ultimately public funds, which need to be utilized for public benefit, hence, there cannot be any arbitrary allocation of Such ‘State largesse’.

During the final hearing on July 17, Borulkar argued that after the new government took over last year, nearly Rs. 100 crore was selectively allocated to five MLAs who had supported the present government.

When the bench asked how much did Waikar get for his constituency, the bench was informed he got Rs. 5 crore.

Advocate General Birendra Saraf along with Additional Government Pleader Milind More submitted affidavits by the Urban Development Department and the District Planning Officer, Mumbai Suburban District.

AG Saraf had also submitted that the fund allocation was made as per requirement of certain projects and the amount was distributed for specific development work in those areas as per procedures.

The UDD said 100% funds had already been disbursed under the schemes and the allocation was neither arbitrary nor was there any favouritism.

The District Planning Officer, Mumbai Suburban District, claimed that the plea was filed on an erroneous basis by equating District Annual Funds allocated by the District Planning Committee to Local Area Development (LAD) funds assigned to legislators under the MLD scheme.

Moreover, the funds were allocated in 2021-22 but Waikar challenged the same much later in February, 2023. The funds were apparently allocated when Shiv Sena was one party and no objections were raised.