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Synopsis

Raju Sripad Pednekar, a former corporator of the Uddhav Thackeray-led Shiv Sena faction has approached the Bombay High Court challenging the ordinance passed by the current Eknath Shinde government reducing the number of BMC wards to 227 which were increased during the Maha Vikas Aghadi government to 236.

The ex-corporator approached the High Court after the Supreme Court refused to entertain his plea while asking him to approach the High Court. The petitioner told the High Court that earlier a writ petition was filed against the increase in the number of BMC wards which was dismissed by the High Court on the grounds that the same was in accordance with the 2011 census. Further, the Supreme Court had rejected the appeal filed against the judgment of the High Court which upheld the increase in the number of BMC wards.

The plea stated that the Supreme Court directed the State Election Commission to conduct the delimitation exercise based on the increased number of seats and conduct the local body elections in the State of Maharashtra for reserved seats other than OBC and including the general seats. The State Election Commission published the final notification of the delimitation as per 236 ward seats.

However, the current government led by Eknath Shinde passed an ordinance reducing the number of seats because of which the entire exercise carried out by the State Election Commission was annulled. The petition stated that the said ordinance nullifies the orders of the Supreme Court.

Further, it stated that the ordinance is ex facie illegal and unconstitutional as it attempts to defeat, nullify and stultify the orders of the Supreme Court which require the SEC to conduct and complete the elections to the Mumbai Municipal Corporation without any delay on the basis of the delimitation carried out by the State Election Commission.

Arguing that the said ordinance is arbitrary and while seeking a stay on the ordinance passed by the current government and considering the delay in elections by 6 months, the petition read,

“The impugned ordinance is also manifestly arbitrary as the very basis of its issuance is ex facie incorrect. The elections to the Mumbai Municipal Corporation are already overdue by more than 6 months contrary to the statutory provisions [sec 6(B)] and the Constitutional mandate of Art 243(E) & 243(U). If the impugned ordinance is not stayed, the SEC will not be able to conduct elections to the MMC on the basis of the delimitation as per order dated 4th May 2022, the elections to the MMC will be further delayed contrary to the orders of the Hon'ble Supreme Court and the statutory and constitutional mandate.”