The Bombay High Court on Monday dismissed a plea and imposed a fine on the petitioners for challenging a notification issued by Brihanmumbai Municipal Corporation (BMC) Commissioner for suggestions and objections from citizens on the proposed delimitation of civic wards.
A Division Bench of Justices Amjad Sayed and Abhay Ahuja was hearing a public interest litigation (PIL) filed by Bharatiya Janata Party member Nitesh Singh and Maharashtra Navnirman Sena leader Sagar Devre.
The PIL had challenged the legality and propriety of the BMC notification issued on February 1 inviting suggestions and objections from the public on the proposed delimitation of wards and to increase their number from 227 to 236 ahead of the corporation elections. The PIL contended that BMC chief Iqbal Chahal, who had issued the notification, was not authorised to do so.
SEC statement
The court dismissed the plea and imposed a cost of ₹25,000 on both the petitioners and said it will accept the statement made by the State Election Commission (SEC) that due to lack of manpower, it has appointed State officers as its delegates for election purposes and that any final decision on the delimitation of wards would be taken by the commission only.
The SEC had earlier told the court that it had delegated the power to the BMC Commissioner for the purpose of elections. As per the SEC, when such powers are delegated to state officers, they act as delegates of the election commission and not as an officer of the State government.
The court was informed by the BMC and the SEC that the final date for submitting the suggestions and objections was February 14 and 816 letters were received on the same day.
An IAS officer, Manoj Sounik, the current additional chief secretary (finance), is appointed to conduct the hearing on the objections and suggestions of the public.
