No physical meeting of civic bodies amidst second Covid wave: Bombay HC

In the light of experts predicting the possibility of a second wave of Covid-19 pandemic and the state government hinting at revisiting lockdown norms, the Bombay high court (HC) has refused to interfere in a petition filed by municipal councillors from Thane seeking directions to the urban development department and municipal authorities to conduct council meetings physically

In the light of experts predicting the possibility of a second wave of Covid-19 pandemic and the state government hinting at revisiting lockdown norms, the Bombay high court (HC) has refused to interfere in a petition filed by municipal councillors from Thane seeking directions to the urban development department and municipal authorities to conduct council meetings physically. The court has expressed hope and trust that as and when the situation improves, the municipal authorities will resume physical meetings.

Bombay high court.

A division bench of chief justice Dipankar Datta and justice Girish Kulkarni, while hearing the petition filed by Vikrant Chavan and Ashraf Pathan, councillors of Thane Municipal Corporation (TMC), were, informed that as the Parliament and Assembly sessions were being conducted in physical mode, the municipal authorities should be directed to discontinue virtual meetings of the general body.

On March 16, when the petitions came up for hearing, government pleader Priyabhushan Kakade placed a letter addressed by the undersecretary, urban development department, before the court. The letter stated that the second wave of Covid-19 pandemic was predicted by the experts and, therefore, the situation called for strict adherence to Covid-19 related health protocol and norms.

The court observed that through the communication the government also proposed to revisit such a decision after a month based on the ground realities of Covid-19 cases in the state. The court noted that it was not inclined to grant the prayers of the petitioners and said, “In matters of protocol relating to health and medical care, the court ought to be slow to interfere with the executive policy decision.”

The court, while disposing of the petitions said, “In such view of the matter, we dispose of the writ petitions expressing hope and trust that as and when the situation improves and holding of general meetings of the municipal corporations and the councils with the physical presence of the corporators/councillors is possible, the relevant department shall not waste any further time to revisit its decision and take an appropriate decision as the facts and circumstances would warrant.