Mumbai: Bombay HC says concession can be given to 6 months’ mandatory period for issuing notification for delimitation of municipal wards in view of covid

The Bombay High Court orally observed on Monday that in view of the Covid-19 pandemic, concession can be given to the mandatory six months’ period for issuing notification for delimitation of municipal wards.

A division bench of justices Amjad Sayed and Abhay Ahuja made the observation while hearing a public interest litigation challenging notification issued by BMC Commissioner for delimitation or changing of boundaries of 236 electoral wards for the coming civic elections.

“There was the pandemic… there has to be some concession,” said Justice Sayed.

The BMC published the notification on February 1 along with the maps of wards. It sought public suggestions and objections till February 14. The number of electoral wards in Mumbai has increased from 227 to 236 and ward boundaries have also been changed. Out of the nine new wards, three wards each increased in the island city, western suburb and eastern suburb.

The PiL filed by Nitesh Rajhans Singh of BJP and Sagar Kantilal Devre of MNS have challenged the “legality and propriety” of the notification published in the official gazette on February 1 and sought that it be quashed and set aside.

Their advocate Vivek Shukla argued that the term of the corporators’ expires sometime in February-March. The notification was issued on February 1. “Delimitation notice cannot be issued within six months of expiration of term. It has to be done prior to that,” argued Shukla.

The petitioners have claimed that despite the State Election Commission (SEC) not delegating powers to BMC commissioner to come up with such a notification, he did so and the same was arbitrary.

Shukla argued that the notification was issued by the BMC Commissioner Iqbal Chahal, when he was not authorised to do the same.

Even a Supreme Court judgment states that the officer appointed by the state has to be independent. “Here the BMC functions under the state government. How can he (BMC Commissioner) be independent?” Asked Shukla.

However, BMC counsel Anil Sakhare contended that the election committee was an independent body.

The Hc has asked for the Election Commission’s counsel to remain present and kept the PIL for hearing on Tuesday.

In 2005, the SEC had directed not to make any change in area and boundaries within six months before the expiration of the tenure of local self government (municipality), contends the plea.

Further on December 29, 2021, the SEC had issued an order to hold an election in fearless, free and transparent ambience. However, the impugned notification does not refer to the December 29 order and the same is arbitrary.

In January, the HC had dismissed a plea by two BJP corporators, Abhijit Samant and Rajeshree Shirwadkar, challenging the Maharashtra government’s November 30 ordinance notifying the increase of nine seats in the BMC, from 227 to 236 wards.