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Reconsider decision on online civic body meetings: Bombay HC to state
The HC issued the directions while hearing two petitions filed by councillors of Thane Municipal Corporation against the decision and asked them to inform the court before the next hearing on February 23
The Bombay high court on Monday directed the Urban Development Department (UDD), government of Maharashtra, to reconsider its decision to continue the general body meetings of corporations, municipal councils and nagar panchayats through video conference or online mode.
The HC issued the directions while hearing two petitions filed by councillors of Thane Municipal Corporation against the UDD decision and asked them to inform the court before the next hearing on February 23.
A division bench of chief justice Dipankar Datta and justice Girish Kulkarni was hearing the petitions filed by the councillors Vikrant Chavan and Ashraf Pathan seeking directions to the state government to permit general body meetings in the physical mode.
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Advocate Saurabh Butala, representing Chavan, referred to the January 31 decision of the Centre which allowed cinema halls/ theatres/ multiplexes to function at 100% audience capacity in non-containment zones with social distancing protocols and said, “In view of this, there could hardly be any plausible reason as to why the general body meetings cannot be conducted in the physical presence of all the councillors, more so considering that only 131 Councillors of the Thane Municipal Corporation would be required to transact the business of the meeting.”
Advocate SM Oak, representing Pathan, pointed to a letter written by TMC mayor to the state government on December 9 wherein he had sought permissions to conduct the general body meeting at theatres in Thane. He stressed that the letter had assured of taking sufficient precautionary measures to safeguard councilors from contracting Covid.
The advocates also pointed out that Parliament session was held in the physical mode and the Maharashtra assembly had also convened in the offline mode.
The bench observed, “The pandemic in the state is well under control. Activities have opened up in almost all spheres. The secretariat, Courts and local bodies are also performing their statutory duties. As submitted by the state Thane Municipal Corporation area does not have any containment zone. In view thereof, we are of the considered opinion that there could hardly be any justification for not allowing the General Body meetings to be held in the physical presence of all the Councillors.”
