HC ask petitioner: How PIL challenging appointment of MBMC commissioner is maintainable?

The Bombay high court has asked a petitioner to explain how a PIL challenging the appointment of the current Municipal Commissioner of Mira Bhayander Municipal Corporation (MBMC) was maintainable.

Qustioning how the court could intervene in this issue challenging an administrative service appointment, the court suggested that this should be raised before the Maharashtra State or Central Administrative Tribunal.

A division bench of Chief Justice Dipankar Datta and Justice Madhav Jamdar on Thursday was hearing a public interest litigation (PIL) filed by a public activist, Selvaraj Shanmugam, challenging the appointment of Dilip Dhole as the Commissioner of MBMC in 2021 by current Chief Minister Eknath Shinde, who was the Minister of Urban Development Department.

Earlier, in March 2021, Dilip Dhole was appointed as Municipal Commissioner. Previously, he was working as a Deputy Commissioner in the Goods and Service Tax Department.

He was then sent to the State Ministry of Urban Development Department and, thereafter, transferred to MBMC as an Additional Municipal Commissioner in August 2020.

Challenging his appointment, the petitioner claimed that the appointment of Dhole was a political gimmick to suit the requirements of the ruling dispensation.

The petetioner presented documents obtained through the Right to Information Act (RTI Act) and newspapers also claiming that Chief Minsiter Eknath Shinde had directed the appointment of Dhole as Commissioner even though the said post was not vacant.

The PIL also raised a question on Dhole not being from IAS cadre. As, the post was occupied by an officer from the IAS cadre, and his term had not yet expired when he was removed.

Dhole was appointed after dislodging the then Commissioner, who belonged to the IAS cadre.

The HC has kept the PIL for hearing on October 10.