BJP files a PIL against BMC’s ward delimitation ahead of the polls 

@the_news_21

Mumbai: Raising objections to the recent notification by the Municipal Corporation of Greater Mumbai (MCGM) regarding the revised ward list, BJP leader Rajhans Singh has filed a Public Interest Litigation (PIL) in Bombay High Court on Tuesday (check date).

He has quoted a past order dated January 27, 2005, that prohibits any change/ modification in the ward boundary within six months before the due date of the 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 the 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 the 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 has also objected to delegating the power to the Municipal Commissioner regarding the 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 official gazette. There is no lottery draw of reservations. 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 a 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 for suggestions and objections which ended on Monday, February 14. The BJP has therefore gone before the High Court to get justice.