HC reprieve for BJP councillor Bhalchandra Shirsath, will continue to be member of Mumbai civic body’s standing committee

The Bombay high court on Friday ordered that BJP councillor Bhalchandra Shirsath will continue to be a member of the Brihanmumbai Municipal Corporation’s (BMC) standing

The Bombay high court on Friday ordered that BJP councillor Bhalchandra Shirsath will continue to be a member of the Brihanmumbai Municipal Corporation’s (BMC) standing Committee till October 27, although later in the day the general body of the corporation decided to remove him from the most important civic committee.

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A division bench of justice SJ Kathawalla and justice VG Bisht passed the order on a petition filed by Shirsath on Friday morning challenging October 21 decision of the civic body to remove him from the standing committee. He had also challenged the agenda for the extraordinary general body meeting held on Friday afternoon to fill the post vacated by Shirsath.

Shirsath’s counsel, advocate Amogh Singh, submitted that the decision was not only illegal but was also a colourable exercise of power. He pointed out that Shirsath’s nomination on the standing committee has been approved by the corporation, issue of his eligibility was raked up at the committee’s meeting of October 21.

Prabhakar Shinde, BJP group leader in BMC had taken strong exception to the issue raised by Shivsena’s Vishakha Raut. Shinde also pointed out relevant provisions of the Mumbai Municipal Corporation Act, 1888, after which nothing further happens in the meeting. However, at about 11.30 PM, the BJP councillor received a letter from the corporation that after taking legal opinion, the standing committee had decided that he cannot baby a member of the committee, for being a nominated member and not an elected one.

In this backdrop, Amogh Singh prayed for an interim order restraining BMC from filling up the ‘vacancy’.

After the judges expressed utter displeasure over the sequence of events, BMC’s legal head, advocate Aruna Savla, informed HC that the decision to remove the Shirsath as a member of the standing committee was withdrawn, the concerned item on agenda of the general body was amended and the matter was to be placed before the general body to discuss and decide the issue of the BJP councillor’s removal from the standing committee.

After hearing both sides, the bench allowed the general body to proceed with the meeting and make a decision as to whether Shirsath should be allowed to continue as a member of the standing committee, or not. HC added that the corporation shall not implement the decision or resolution up to October 27, when the court will further hear the matter if it decides to remove him from standing committee.

“In other words, the Petitioner shall continue to be a member of the standing committee of the Corporation until this court hears the matter on 27th October 2020,” said the bench.

According to his petition filed through Jeet Gandhi, Shirsath has been nominated by BJP as a councillor on March 17, 2020, and was appointed on the standing committee along with 12 others on September 28, 2020.