BMC elections: Bombay High Court dismisses petitions challenging ward reduction

The Bombay High Court on Monday dismissed pleas challenging a law passed by the Maharashtra government reducing the number of directly elected councillors within the Brihanmumbai Municipal Corporation (BMC) limits from 236 to 227 [Raju Sripad Pednekar & Anr. v. State of Maharashtra & Ors.]. .A bench of Justices SB Shukre and MW Chandwani pronounced the order today after reserving the same on January 17. “We find no substance in the petitions. Accordingly they are dismissed. No order as to costs,” the Court said. .Maharashtra government had in 2021 increased the number of directly elected councillors by 9 to ensure proportionate representation in BMC as per the increased population, bringing the number to 236. After the government changed in June 2022, the new government led by Eknath Shinde reversed the earlier cabinet decision and reduced the number of directly elected councillors to 227. This was challenged before the High Court by ex-BMC councillors Raju Pednekar and Sameer Desai seeking quashing of the Act on the ground that it is ex-facie illegal and unconstitutional..The petitions highlighted that the Act under challenge “proceeded on legally unsound basis” and on wrong interpretation of the Supreme Court order of May 4, 2022.On May 4, 2022 the Supreme Court, while hearing petition on the OBC reservation in the local bodies had said the State Election Commission must proceed with the elections due on the expiry of the five-year term, and notify the same on the basis of the previous delimitation exercise.Petitioners interpreted the order to direct the local civic body to conduct elections based on delimitation process for 236 wards.The petitioners submitted that BMC elections were already overdue by more than 6 months and if the Act is not stayed, then the State Election Commission will not be able to conduct BMC elections..Advocate General Dr Birendra Saraf argued he number of councillors was fixed by a statute and the same could not be increased or changed without considering latest census figures. He added that after the last census of 2011, two BMC elections (2012 and 2017) had already been conducted and the government did not find it necessary to increase the number of seats for upcoming elections without a new census exercise taking place in the country..The Court deduced that the Supreme Court order of May 4, 2022 was clear and directed elections for local bodies due as on March 11, 2022. "Term of BMC expired on March 7, 2022, (and election) must be held by the State Election Commission on the basis of delimitation done prior March 11, 2022. Therefore, SEC could not have proceeded to finalize the delimitation after May 4, 2022 and ought to have taken the delimitation made in the year 2017 as the basis for taking forward the election to its logical end", the Court reasoned..[Read order]