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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