Rashtriya Apang Vikas Mahasangh Vs State of Maharashtra and Anr.

The petitioner which is a non-governmental organisation espousing the cause of persons with disabilities, has prayed in this petition under Article 227 of the Constitution that the respondent-authorities be directed to ensure that person with disabilities are represented in the nomination as members of NGOs in the Ward Committees.

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Mr. Mattos, learned Assistant Government Pleader relied upon the provisions of the Maharashtra Municipal Corporations, Municipal Councils and Nagar Panchayats (norms for representation to the nonGovernment Organizations and community based organizations in the Wards Committee) Rules, 2000 and submitted that nomination of representatives of NGOs is governed by the above rules and it does not provide for reservation for any particular category, whether they belongs to backward classes or are persons with physical disabilities. Rules 3 and 4 of the said rules reads as under:-

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3. Norms for recognition of the non-Government Organisations and community-based organisations for the purposes of the Act.

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The following norms shall apply in relation to the recognition of the non-Government Organisations and community-based organisations (hereinafter, in these rules, referred to as “the said Organisations”) for the purposes of nomination of the members thereof on the Wards Committee under the relevant Act.-

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a) The Organisation should be registered under the Bombay Public Trust Act, 1950 (Bom. XXIX of 1950) of the Societies Registration Act, 1860 (XXI of 1860);

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b) The Organisations must have submitted the audited statements of accounts along with work reports to the Charity Commissioner for the last three years preceding the date of nomination of the member thereof;

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c) The said Organisations must have completed during the period of three years preceding the date of nomination of the member thereof, atleast one project relating to the Municipalities as listed in Schedule XII of the Constitution of India.

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4. Qualification for nomination as Member of the Wards Committee.-

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A Member of the said Organisation who is not an officebearer of any political party or an employee of the Central Government, the State Government, a Municipal Corporation or a Municipal Council, shall be qualified for being nominated as a member of the Wards Committee.

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The learned counsel for the petitioner, however, relies on the U.N. Convention on the Rights of Persons with Disabilities and particularly, Article 29 thereof which reads as under:-

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“Article 29 Participation in political and public life

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States Parties shall guarantee to persons with disabilities political rights and the opportunity to enjoy them on an equal basis with others, and shall undertake:

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(a) To ensure that persons with disabilities can effectively and fully participate in political and public life on an equal basis with others, directly or through freely chosen representatives, including the right and opportunity for persons with disabilities to vote and be elected, inter alia, by:

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(i) Ensuring that voting procedures, facilities and materials are appropriate accessible and easy to understand and use;

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(ii) Protecting the right of persons with disabilities to vote by secret ballot in elections and public referendums without intimidation, and to stand for elections, to effectively hold office and perform all public functions at all levels of government, facilitating the use of assistive and new technologies where appropriate;

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(iii) Guaranteeing the free expression of the will of persons with disabilities as electors and to this end, where necessary, at their request, allowing assistance in voting by a person of their own choice;

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(b) To promote actively an environment in which persons with disabilities can effectively and fully participate in the conduct of public affairs, without discrimination and on an equal basis with others, and encourage their participation in public affairs, including:

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(i) Participation in non-governmental organizations and associations concerned with the public and political life of the country, and in the activities and administration of political parties;

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(ii) Forming and joining organizations of persons with disabilities to represent persons with disabilities at international, national, regional and local levels.”

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It is urged that the above article in the U.N. Convention on the Rights of Persons with Disabilities is required to be kept in mind while making nominations on such Committees. But in absence of any specific rule providing for reservation for persons with disabilities, it cannot be said that any person with disability has an enforceable right to be nominated on a Ward Committee. However, having regard to the object underlying the U.N. Convention, we dispose of this petition with an observation that the Municipal Commissioner shall circulate a copy of this U.N. Convention on the Rights of Persons with Disabilities particularly Article 29 thereof alongwith a gist of the article (with translation if required), to the Councillors when they are making nominations of representatives of NGOs in the Ward Committees. It is clarified that these observations are not intended to relax the provisions of the above rules.

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The petition is accordingly disposed of.

CHIEF JUSTICE

N.M. JAMDAR, J.

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Rashtriya Apang Vikas Mahasangh v. State of Maharashtra and Anr.

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Rashtriya Apang Vikas Mahasangh v. State of Maharashtra and Anr.

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