MUMBAI: Maharashtra government on Wednesday through special counsel Vikram Nankani made a statement before the Bombay high court that till the next date of hearing it would not proceed with process of delimitation in relation to BrihanMumbai Municipal Corporation ( BMC).
The HC bench of Justices S V Gangapurwala and Arif Doctor based on his statement adjourned to December 20, two petitions challenging the reversal by the Eknath Shinde government of the nine-ward increase effected by the Uddhav Thackeray led government in Mumbai’s civic wards.
The earlier government had increased the wards from 227 to 236 which the present government reversed saying the delimitation should be based on the latest census figures.
Nankani said similar matter is pending before the Supreme Court and scheduled for hearing on December 13. Senior counsel Aspi Chinoy sought a hearing soon and a date convenient to all sides was scheduled on December 20.
The HC had on November 17 sought replies from the state government, State Election Commission (SEC) and BMC to the petition filed by an ex-municipal corporator to reversal of Maha Vikas Aghadi (MVA) government’s decision on civic wards’ delimitation. While the Thackeray government had raised the number of wards and thus number of seats for the forthcoming civic elections from 227 to 236, the Shinde government nullified the increase.
R S Pednekar of the Shiv Sena (Uddhav Balasaheb Thackeray) had filed a petition to have the August 4, ordinance be declared void and stayed by an interim order. He has also sought orders to the State Election Commission (SEC) to conduct BMC elections on the basis of delimitation based on the Supreme Court orders of July 20, 2022. The SEC had earlier this year issued a draft notification for delimitation of all 236 wards.
While the challenge was to the ordinance, it already culminated into an Act on September 8 and Pednekar challenged the validity of the Act too.
The State urban development department in its reply sought dismissal of the petition saying it disclosed nothing about how the petitioner’s fundamental rights are violated. Once a legislation is passed it cannot be challenged merely because it is passed, said the State’s reply raising preliminary objections to its maintainability.
The reply by UDD deputy secretary Priyanka Ranjan Chhapwale, said, "petition must show cause of action that has arisen for the petitioner for filing the petition and such cause of action can be claimed to have arisen only after implementation of the Act, (if) the Act has caused any civil or evil consequence qua the petitioner. However, I state that the Petitioner has miserably failed to set out any cause of action for challenging the Impugned Ordinance and Act. It is clear that the Petitioner has filed the present Petition with ulterior motives which not only is wastage of precious judicial time but also of the government machinery."
The state’s reply also sought dismissal of the petition saying, "the malafide and political influence behind filing of the present Petition is evident from the fact that the Petitioner earlier filed the writ petition before Supreme Court seeking similar relief, however, after realizing that the petition lacks the merit withdrew the said Writ Petition and approached this Court with unclean hands".
The new government’s move is "clearly unconstitutional and illegal attempt to nullify , defeat and stultify the orders of the Supreme Court", which had directed the civic elections be conducted by the SEC on the delimitation completed by the SEC, said the petition, however.
The Mumbai civic elections were "overdue", said the petitioner. Originally the BMC elections were proposed to be held in March 2022. The five year term of the elected corporators ended on March 7, 2022.
Pednekar’s plea said the BMC Act stipulates that the number of Councilors to be elected to the Municipal Corporation is required to be fixed on the basis of the "last preceding census of which the relevant figures have been published."
Based on the increase in population as mentioned in the 2001 census, Mumbai Councilors were increased from 221 to 227.
In the 2011 Census population had increased by 3.87%. But despite the rise, the 2012 and 2017 elections did not have a rise in seats.
To ensure that the increased population was proportionately represented, in November 2021, State issued an ordinance to increase the number of elected councilors by nine, from 227 to 236.
In August the Shinde government nullified the delimitation completed by the SEC and said proper decision would be taken based on the 2021 census after it is completed.
On November 22 the State issued a directive to Mumbai civic chief and Chiefs of other municipalities to start work on composition of wards as per the “next census” for the upcoming general elections whose terms have expired and whose terms are expiring in near future.
