MUMBAI: The Bombay high court on Monday dismissed the petition challenging the November 30 ordinance issued by the Maharashtra government to increase the number of seats in the Brihanmumbai Municipal Corporation (BMC) for the forthcoming elections from 227 to 236.
Two BJP councillors, Abhijit Samant and Rajshree Shirwadkar, challenged the ordinance on the ground that since the government used the 2011 census to redraw the ward boundaries for the 2017 BMC elections, it could not use the same census figures to increase the seats in the 2022 elections.
BMC elections are expected to be held next month.
The division bench of justices A A Sayed and Abhay Ahuja rejected the petition. The detailed order, which will have the reasoning of the judges, is not available yet.
The Maharashtra government represented by advocate general Ashutosh Kumbhakoni, however, insisted that since the 2021 census has not been conducted due to the pandemic, there was no restriction on using the 2011 census to increase the number of BMC seats for the 2022 elections. He also pointed out that the government did not increase the number of seats ahead of the 2012 or 2017 BMC elections.
Senior lawyer Anil Sakhare, appearing for the BMC, added that there was a need to increase the number of seats so that there was a proportionate representation of citizens in the jurisdiction of the civic authority in view of the increase in the population.
{{/usCountry}}Senior lawyer Anil Sakhare, appearing for the BMC, added that there was a need to increase the number of seats so that there was a proportionate representation of citizens in the jurisdiction of the civic authority in view of the increase in the population.
{{/usCountry}}On Monday, the court asked the state election commission if the increase of seats was based on the 2011 census and whether any reservation was being implemented through the November 30 Ordinance. When the court was told that the ordinance merely increased the number of seats and did not get into the reservation of seats, the bench inquired from the petitioners if they were seeking a stay on the BMC elections.
After the petitioners made it clear that they were not seeking a stay on the elections, the court said that it was dismissing the petition and will pass a detailed and reasoned order in due course.