Bombay HC quashes BMC order, reinstates BJP’s Bhalchandra Shirsat retains as standing committee member

@the_news_21

Mumbai: The Bombay High Court on Friday ruled in favour of nominated Bharatiya Janata Party (BJP) member Bhalchandra Shirsat and quashed the decision of the Brihanmumbai Municipal Corporation (BMC) to cancel the appointment of Shirsat.

The BMC Municipal Secretary said that the decision taken by the Chairman of the Standing Committee following objections revoked the appointment of nominated member Bhalchandra Shirsat from the post of Standing Committee which was withdrawn. Therefore, the order to cancel the appointment of Bhalchandra Shirsat, nominated by the Chairman of the Standing Committee was quashed in the court.

A few days back, BJP nominee Bhalchandra Shirsat, who was appointed to the standing committee of the BMC, had his membership canceled by standing committee chairman Yashwant Jadhav at the request of corporation council leader Vishakha Raut

However, the BJP had strongly opposed it and challenged it in the High Court. During the hearing the court on Friday while issuing an interim order pulled up municipal administration for dismissing the decision of the committee chairman and upheld standing committee membership of Bhalchandra Shirsat, much to the relief of Shirsat and the BJP.

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Shirsat remarked that the ruling Shiv Sena and the corporation administration have got a tight slap by the court’s decision.

An interim order has been passed on the urgent plea of Bhalchandra Shirsat in a hearing before an urgently constituted bench of the High Court comprising Justice Kathawala and Justice Bisht, the court said. Such information has been given to the media by Bhalchandra Shirsat himself.

What’s is the matter?

The last meeting of the standing committee was held on March 31 at the corporation headquarters before the outbreak of corona. After six months for the first time since then, the Standing Committee meeting was held on October 21, Leader of the House, Vishakha Raut raised an objection against Shirsat stating that the nominated councilor who did not have the right to vote, could not become a member of the Standing Committee.

Although his appointment was not in line with the law, the standing committee chairman had demanded a decision on the matter. At this time, BJP group leader Prabhakar Shinde had argued that Shirsat was appointed as a member of the standing committee after completing all the legal procedures in the corporation hall with the approval of general secretary of the BMC and announced by Mayor Kishori Pednekar.

However, the chairman of the standing committee had decided that the nominated corporators would not be able to become members of the standing committee, so the appointment of Shirsat as a member of the standing committee was cancelled.
 
The letter of the Municipal Secretary was to be brought on the table as an urgent matter in the urgently called meeting of the Municipal Corporation on October 23. According to the letter the appointment of Bhalchandra Shirsat as a member of the Standing Committee has been canceled on the basis of the objection raised by Vishakha Raut and the decision taken by the Standing Committee Chairman.

Urgent hearing before a special bench
Shirsat filed a writ petition in the High Court against the decision of the Standing Committee Chairman and against the BMC’s agenda. The petition was filed by Adv Jeet Gandhi and Senior Counsel Amogh Singh, the special bench of the High Court today constituted a bench of Justice Kathawala and Justice Bisht to hear the petition despite the absence of a bench of the High Court.

During the hearing on the petition, the Municipal Secretary said that the decision taken by the Chairman of the Standing Committee on the issue of objections and the revoked appointment of nominated member Bhalchandra Shirsat from the post of Standing Committee was withdrawn. Therefore, the order to cancel the appointment of Shirsat, nominated by the Chairman of the Standing Committee, to the Standing Committee was quashed in the court.

After that, the court directed that whatever decision the BMC wants to take regarding the urgent work no.11 Can be taken. However, the corporation will not be able to implement any decision till the final decision of the petition. The High Court granted it to the Municipal Corporation.

The court’s interim order to keep the appointment of Bhalchandra Shirsat, a nominated corporator on the standing committee, unaffected is a slap in the face to those who are arbitrarily running the corporation. During this hearing, the court in its verbal observation, on the basis of which the Municipal Secretary brought the proposal of vacancy which was inconsistent with the law and did not mention any law? Are they doing their job as Municipal Secretary as per the Act? The court questioned to the Law Officer of the BMC.

Speaking on the court’s interim order, BJP group leader Prabhakar Shinde said, “This is an interim order and we are waiting for the final order and we are sure that the final order will be on our side.”

Also, as clearly mentioned in this interim order, any decision taken by the Municipal Corporation regarding the cancellation of the membership of Bhalchandra Shirsat from the Standing Committee was still taken by the Municipal Corporation. In today’s hearing the High Court has granted stay.

“The adjournment will continue till the hearing of the petition is completed and the final order is issued. Therefore, it is a matter of great pleasure for us that the nominated corporator Bhalchandra Shirsat will be present as a member of the Standing Committee at the meeting of the Standing Committee on Monday, October 26, said Shinde.

“For five years from 1998 to 2002, Shiv Sena’s nominated corporator K. P. Naik was a member of the Standing Committee. Nowhere in the Corporation Act 1888 is it mentioned that an elected corporator can be given membership of the Standing Committee and a nominated corporator cannot be given membership. This has revealed the role of Shiv Sena”, said Bhalchandra Shirsat