Act says mayor can be disqualified, Shiv Sena says no

A day after the municipal commissioner dispatched a notice to senior Shiv Sena leaders on Monday, asking them to vacate the Shivaji Park ground with immediate effect, ambiguity still persists over the action to be taken. The notice was addressed to mayor Sunil Prabhu and senior Sena legislator Sanjay Raut.

A day after the municipal commissioner dispatched a notice to senior Shiv Sena leaders on Monday, asking them to vacate the Shivaji Park ground with immediate effect, ambiguity still persists over the action to be taken. The notice was addressed to mayor Sunil Prabhu and senior Sena legislator Sanjay Raut.

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According to the provisions of the Mumbai Municipal Corporation Act 1888, a corporator can be disqualified by the civic body for his direct or indirect involvement with unauthorised or illegal construction. This provision can be applied by the civic body on Prabhu, who is a serving corporator from the P-South ward (Goregaon) if he fails to comply to the notice with immediate effect.

In 2011, Shiv Sena corporator Meenakshi Patil was disqualified for carrying out illegal extension of her residence in Bhandup.

Since the civic body has set a precedent last year, similar action could be initiated against Prabhu.

“We will initiate legal action against the concerned party members if the make-shift structure is not removed with immediate effect,” said a senior civic official.

Sena sources, however, rubbished the argument. “What we have received from the commissioner is a mere letter and cannot be considered to be a show cause notice. Neither was there a time frame for compliance mentioned nor any provisions under which the action for demolition could be initiated,” said a senior Sena member. “Thus, the mayor cannot be ousted as per the Act.”

Evading the prospect of being disqualified, Prabhu justified the party’s stand on retaining the temporary memorial on the ground. “In order to maintain the sanctity of the spot, we have constructed a temporary dais for people to worship him,” he said.