National

BJP Files PIL Against BMC’s Ward Delimitation

Bombay HC

Mumbai: BJP leader Rajhans Singh has filed a Public Interest Litigation (PIL) in the Bombay High Court raising objections on the recent notification by the Municipal Corporation of Greater Mumbai (MCGM) regarding revised ward list. He has quoted a past order of January 27, 2005. That order prohibits any change/modification in the ward boundary within a period of six months before the due date of Municipal Corporation’s election. The present tenure of MCGM would expire on March 8, 2022 and therefore, no change in ward boundary can be done, he has said in the PIL.

“The State Election Commission by Order No. SEC/MMC — 2005/Pr.Kr.4/Ka — 5 dated 27.01.2005 has directed not to do any change in the area and boundaries within six months before expiry of tenure of the local self — government[Municipality],” the PIL said. Drawing attention to the recent notification by the BMC dated February 1, 2022 about delimitation of wards, the PIL said “For this supersession and waiver of six month’s period no reasons or compelling grounds are stated. Therefore, this Order is arbitrary, irrational, unreasonable, null, void.”

The PIL further objects on delegating the power to the Municipal Commissioner regarding delimitation of the wards. “under Order dated 06.02.2015, the State Election Commissioner possesses powers to publish “draft ward delimitation” in the official gazette. It is further stated that after the approval given by State Election Commission to “draft ward delimitation and completion of lottery draw of reservation, the Municipal Commissioner shall publish the “draft ward delimitation” notification in the official gazette. There is no mention of delegation of powers u/s. l8A [2] of the MMC Act to Municipal Commissioner to publish the draft of proposed changes in the boundaries of the Wards in the 0 cia/ Gazette. There is no lottery draw of reservation. Therefore, publication of Draft Notification by the Municipal Commissioner in the Official Gazette is null, void, preposterous, without jurisdiction,” the PIL said.

Earlier this month, MCGM issued a notification proposing list of 236 wards under the delimitation. The total BMC ward increased by nine during the delimitation process to which BJP has objected. The party has termed the exercise as unnecessary and to harm BJP Corporator’s prospects. The BMC had given 14 days time for suggestions and objection which ended on Monday, February 14. The BJP has therefore gone before the High Court to get justice.

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Hijab Row: Schools Resume Peacefully In Karnataka, Pro-Hijab Protests At Tamil Nadu

Ashmita Chhabria

Bangalore: After nearly a week long protests and violence, high schools in Karnataka opened on Monday. There were prohibitory orders in Udupi and Bengaluru. The government has decided to reopen schools and colleges in phased manner after a high court proposal banning religious garments in educational institutions, till the matter is pending with the court.

Meanwhile, the petitioners against the hijab ban are arguing on their side in the high court. The high court will take up the matter for further hearing today. Here are the top developments:

HIGH SCHOOLS REOPEN, PEACEFUL FIRST DAY IN UDUPI

In Udupi district, all the schools that reopened witnessed normal attendance. Muslim students wearing hijab were asked to take off the hijabs, before entering the classes. Udupi Tahsildar Pradeep Kurudekar told PTI that there were no reports of Hindu students turning up in saffron shawls.

An argument broke out between parents and a teacher outside Rotary school in Karnataka’s Mandya after the students were asked to take off the hijab, or headscarf, before entering the campus.

One of the parents reportedly requested the teacher to allow the students inside the classroom before they take off the hijab.

Police personnel have been posted in Udupi town and near the schools to maintain law and order and to avoid any violent mishap.

Meanwhile, Commerce students of the second Pre-University Course (PUC) at the government high school in Udupi, submitted a memorandum to the school demanding that offline classes be started at the earliest.

However, a decision regarding reopening of Pre-University and Degree colleges will be taken later.

PRO-HIJAB PROTESTS IN TAMIL NADU

In Tamil Nadu’s Coimbatore, Yegathuva Muslim Jamath staged a protest in which Muslim women wore tri-color scarves. In Trichy, a protest was called by Manithaneya Jananayaka Katchi, where Muslim men and women participated in it, claiming that wearing hijab is a right given by the Constitution.

COLLEGES CANNOT BAN HIJAB PETITIONER’S ARGUMENT

Karnataka High Court continued hearing the petition filed by Muslim students against the ban on hijab on campuses. Advocate Kamat representing the petitioners said that the government order that states that wearing hijab is not protected by Article 25 is ‘totally erroneous’.

Advocate Kamat said, “To allow the College Development Committee to decide whether to allow students to wear headscarves or not is totally illegal. The only restriction that can be imposed under Article 25 is public order, which can only be imposed by the state. Can a college development committee consisting of an MLA and some subordinates decide on exercising fundamental freedom? How can a statutory authority be made the guardian of our fundamental rights?”

The High Court will resume the hearing on the matter today. The government is likely to introduce new guidelines on hijab in school. Colleges are likely to reopen from February 16.

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