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Synopsis

The Bombay High Court today rejected the plea filed by MLA Ravindra Waikar, a part of Uddhav Balasaheb Thackeray's faction, which alleged disproportionate allocation of funds to opposition party MLAs.

The division bench of Justice Sunil Shukre and Justice Rajesh Patil stated in its order that it was not a case warranting judicial intervention in an administrative decision.

"The judicial review of such an administrative function can only be made by applying the doctrine of Wednesbury unreasonbleness and it cannot be fruitfully applied in a case like this unless sufficient material is placed before this Court to enable it to test the reasonableness and fairness of the decision of the Government through the process of comparative analysis. But that is not present here, and therefore, the argument that there has been arbitrariness and impermissible discrimination on the part of the State Government even in according sanction to different works in different localities is devoid of merit," the court said. 

In his plea, Waikar sought equal allocation of funds for local development in Maharashtra to all MLAs without discrimination based on their political affiliations. 

The plea highlighted the allocation of over 45,000 crores by the state government through various authorities, with a significant portion going to BJP and Eknath Shinde's Shiv Sena MLAs.

Waikar's petition, represented by Advocate Sidhasen Borulkar, also emphasized that his constituency has numerous slums, yet he and his party members are not receiving a fair share of these funds.

Borulkar argued that the allocation of MLD funds should be fair since they are public funds intended for the benefit of the public.

Advocate General Birendra Saraf, representing the state government, contended that the selection of works is conducted by a committee of experts following government-prescribed guidelines.

He stressed that this expert committee takes its decisions after considering the relative needs of various localities, the priority of specific projects, and the overall state of development.

The bench while dismissing the petition said that it had kept the issue of fairness in allocation of state funds open. 

"Considering absence of sufficient material, no occasion has arisen for us to examine the larger issue as to in what manner the allocation of State funds to members of legislative assembly and legislative council be made keeping in view the principle of fairness and transparency in such matters and the issue is kept open," the order states.