Bombay High Court orders Maharashtra government to not disburse development funds to MLAs till further orders

The Bombay High Court on Thursday directed the Maharashtra government to not disburse amounts for the financial year 2022-23, if any were remaining, from the Maharashtra Local Development (MLD) funds to Members of Legislative Assembly (MLAs), till further orders. [Ravindra Waikar v. State of Maharashtra & Ors].A Bench of Justices GS Kulkarni and RN Laddha was hearing a petition by Ravindra Waikar, an MLA belonging to the Uddhav Thackeray faction of the Shiv Sena, seeking equal allocation of MLD funds to MLAs without discrimination on the basis of political parties..Advocate Satish Borulkar for Waikar informed the Court that on Febraury 17, when the petition was first heard, the government had sought time to take instructions and file its reply. Borulkar claimed out that since February 17, large amounts were disbursed from the funds to the MLAs. He alleged that the allocation was discriminatory and contrary to public interest.There has to be fair distribution, as the funds are ultimately public funds to be utilised for public benefit, he submitted..The Court asked additional government pleader Milind More to respond to these contentions raised. It also directed the State to place on record through an affidavit as to what amounts have been disbursed from February 17 till date, and their allocation as per elected representatives of different constituencies..At this stage, More informed the Court that the amounts for the financial year 2022-23 are already disbursed.The Court recorded this statement, but asked the State to hold disbursement in the event some amounts were yet to be disbursed..MLD Funds are allocated to each MLA and legislative council for development of the local areas through the District Planning Commission for various heads like:reallocation of slum dwellers, their rehabilitationdevelopment of basic infrastructure in municipal corporationsurban development in slums.In his petition, Waikar alleged that the State had allotted a total of ₹45,102.42 lakh towards the MLD funds overall. However, the list showing amount allocation to MLAs showed that constituencies represented by the ruling party, Bharatiya Janata Party (BJP) and the Eknath Shinde faction of the Shiv Sena, and the Republican Party were allocated large amounts of funds.Waikar submitted that his constituency itself had a number of slums which are in need of civic amenities. Howver, he and other members of his party were denied funds for their respective constituency. Through his plea filed by Advocate Siddhasen Borulkar, Waikar sought for quashing and setting aside the present allocation of funds..The Court granted time till April 3 to the State to file its affidavit and posted the matter for hearing on April 5. .[Read order]