Plea in HC challenges govt’s reversal of BMC ward delimitation

The plea stated that the ordinance violated the orders of the Supreme Court, which upheld the increase in the number of wards from 227 to 236, and hence be set aside

Mumbai: A petition challenging the August 8 ordinance of the state government that reversed the Maha Vikas Aghadi (MVA) decision on the delimitation of the Brihanmumbai Municipal Corporation (BMC) wards was filed in the Bombay high court on Monday.

Plea in HC challenges govt’s reversal of BMC ward delimitation

The plea stated that the ordinance violated the orders of the Supreme Court, which upheld the increase in the number of wards from 227 to 236, and hence be set aside.

The petitioner, Raju Pednekar, former BMC corporator belonging to the Uddhav Thackeray faction of Shiv Sena, filed the petition after the Supreme Court granted him liberty to approach the HC on October 19.

Advocate Joel Carlos for Pednekar mentioned the petition before the division bench of justice RD Dhanuka and justice Kamal Khata. The bench accordingly posted the petition for hearing on Wednesday.

Pednekar stated that the State Election Commission (SEC) be permitted to proceed with the BMC elections, pending hearing of the petition.

The petition further stated that as the 2021 census had not been completed, the decision to increase the number of electoral wards was valid in view of an increase in the population. The HC had observed that the non-completion of the census would cause no impediment in increasing the number of directly elected councillors and the view was affirmed by the SC, Pednekar said.

After the MVA had increased the number of wards on November 10 last year and issued a notification on December 3, the SEC had asked the civic body to redraw ward boundaries. The decision was, however, opposed by the BJP and Congress. Thereafter, in February 2022, a public interest litigation (PIL) petition was filed in the HC challenging the draft delimitation notification issued by the BMC, but it was rejected by the court.

The HC’s decision was challenged in the SC. After the SC had rejected the challenge, the SEC had published final notification on the delimitation. However, following the change of the government in Maharashtra, a fresh ordinance was issued on August 8.