BMC polls: How a loophole in the BMC Act can turn political weapon

The BMC Act allows a runner-up candidate to replace a disqualified corporator – a provision political parties may be leveraging against rivals

MUMBAI: The disqualification of Shiv Sena (UBT) corporator Vishakha Raut, a former mayor of Mumbai, has triggered a bitter battle between the Sena (UBT) and Shiv Sena, which stands to reap significant political gains with Raut’s departure from the BMC. It has also cast doubts on whether the ruling dispensation is bending the law to its advantage – while staying within its bounds.

Disqualified Shiv Sena (UBT) corporator Vishakha Raut

Raut had contested the BMC election from the high-profile ward 191, which covers Shivaji Park and Dadar west, a reserved constituency. With the Palghar District Caste Scrutiny Committee invalidating her OBC claim – her appeal is pending before the divisional commissioner – it paves the way for the runner-up candidate, Priya Sarvankar-Gurava, to occupy the vacant seat.

Raut’s is the fifth corporator to be disqualified since the January civic election but the controversy over Raut losing her seat has left the Uddhav Thackeray-led Sena (UBT) seething. Her disqualification follows a complaint made by Priya Sarvankar-Gurava, daughter of veteran Sena leader and former MLA Sada Sarvankar. Raut had won the election by just 197 votes. The battle involves a high-profile ward, dominated by the Maharashtrian community, and one the Sena is keen to control.

According to information provided by RTI activist Anil Galgali, disqualification applications have been filed against an additional 24 Sena (UBT) corporators. Sena (UBT) insiders acknowledge that the Sena is intent on diminishing the Sena (UBT)’s influence in the BMC, a process aided by a law that has inadvertently allowed political compulsions to intrude into the electoral and administrative process.

Loopholes that allow political intervention

The BMC is the only local self-government body in the state that does not require a by-election when a corporator is disqualified. The mechanism for replacing a disqualified BMC corporator with the runner-up candidate was introduced into Section 33(2) of the Bombay Municipal Corporation Act, 1888 by an amendment 1905.

On the other hand, local self-governing bodies in the rest of the state are governed by the Maharashtra Municipal Corporations Act, 1949; Village Panchayats Act, 1959; and the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961. Each of these laws mandates a by-election when a seat falls vacant.

Thus, the BMC Act uniquely creates a gateway for political interference to colour the administrative process. In Raut’s case, for instance, the BMC declared her election void soon after the Palghar District Caste Scrutiny Committee announced its decision, a move firmly underlined by the state urban development department (UDD). The UDD, headed by Eknath Shinde, whose Shiv Sena stands to gain by Raut’s disqualification, almost immediately issued a notification barring Raut from contesting BMC polls for six years.

While the BMC and UDD could have waited for the divisional commissioner to deliver its verdict on Raut’s appeal, they were quick to act – strategically ending out a signal before Raut’s appeal is decided.

What next in the disqualification case?

The runner-up candidate must file an application in the Small Causes Court, to secure an order appointing them as the corporator following the winner’s disqualification. After the court order is issued, the BMC administration announces their appointment as the corporator of that vacant ward.

Caste validity: The process

Caste Certificate Scrutiny Committees were established following a 1994 Supreme Court verdict. While these committees were set up at the divisional headquarters level, after 2016, they were set up at the district level, headed by the additional collector and two officials from the state social justice department. These committees validate caste certificates mainly for four purposes – employment, elections, education and when a court orders an individual to submit a caste certificate.

For local body elections, candidates who already have such a certificate submit it along with their nomination form. First-time contestants from reserved constituencies must attach proof of having applied for one online and are given six months to submit it.

To establish the validity of the candidate’s claim, the committee used six parameters while scrutinising documents – certificates that prove a close blood relative belonged to the OBC category, school leaving certificate, old records of government documents, school register records of grandfather or father of the applicant, local body register records and Waqf and caste organisation records, in some cases.

In case the applicant doesn’t have old records, the committee orders physical verification via a vigilance committee led by a senior police officer. The committee then either approves or rejects the candidate’s claim.

In Raut’s case, the Palghar committee states that she could not prove blood ties with the individuals whose OBC certificates she had submitted as proof of her being an OBC candidate.

After the Palghar committee’s decision, Raut had 90 days to appeal before the divisional commissioner, who will take a final administrative decision. This decision can, however, be challenged in court.

Shiv Sena spokesperson Sheetal Mhatre claims Raut’s disqualification is not politically motivated. “She is a former mayor and MLA, and everyone in Dadar knows her caste. The BMC administration has merely implemented orders; there was no political intervention.” said Mhatre.

On ‘Operation Disqualification’ against the Thackeray camp, Mhatre said corporators from all parties have disqualification petitions filed against them. “Those who have committed mistakes will have to face the consequences, regardless of their political ties.”

OBC vs Open Wards

63 of the 227 electoral wards in Mumbai are reserved for OBC candidates. In the 2026 BMC elections, ward 191, from which Raut contested and won, was reserved for OBC candidates. Prior to this, Raut served two terms as a corporator and was mayor of Mumbai in 1997-98. She contested all these elections in the open category. Raut also represented the Dadar assembly constituency as MLA in 1999-2004.