A division bench of Justices S V Gangapurwala and A S Doctor was hearing two petitions filed by two former councillors, challenging an ordinance issued by the Eknath Shinde-led Maharashtra government reducing the number of directly elected councillors within the limits of the BMC from 236 to 227
Representative image. Pic/Istock
The Maharashtra government on Wednesday informed the Bombay High Court that it would not proceed with the process of delimitation of wards with respect to the cash-rich Brihanmumbai Municipal Corporation till further hearing of a plea against the reduction of wards in the civic body.
The court posted the matter for hearing on December 20.
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A division bench of Justices S V Gangapurwala and A S Doctor was hearing two petitions filed by two former councillors, challenging an ordinance issued by the Eknath Shinde-led Maharashtra government reducing the number of directly elected councillors within the limits of the BMC from 236 to 227.
Senior counsel Vikram Nankani, appearing for the state government, told the court on Wednesday that till the next date of hearing, the government would not proceed with the delimitation process with regard to the BMC.
The bench accepted this statement and said the apprehension of the petitioners has been addressed. The HC posted the matter for hearing on December 20.
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In November 2021, the then Maha Vikas Aghadi (MVA) government led by Uddhav Thackeray decided to increase the number of BMC wards from 227 to 236.
The MVA government collapsed in June this year. Later, Shiv Sena MLA Eknath Shinde formed government with the Bharatiya Janata Party's support.
In August, the Shinde government issued an ordinance bringing back the number to 227.
Former BMC councillors Raju Pednekar and Sameer Desai in their petitions challenged this decision and said it had sought to put the clock back.
The state Urban Development Department in an affidavit filed on Wednesday said the petitions have been filed with "ulterior motives" and ought to be dismissed with exemplary cost.
"The malafide and political influence behind filing of the present petitions is evident," it said.
The government further said the reason why it felt the number of wards need not be increased was that the population rise was miniscule.
"As per the Census of 2011, increasing the number of councillors from 227 to 236 was found to be insufficient," it said.
The State Election Commission in its affidavit filed on Wednesday in response to the petitions said in 2021, when the seats were increased by the Maharashtra government from 227 to 236, the SEC had to scrap the work already done by it with regard to the pre-election process and restart it.
It said the previous MVA government then amended the Mumbai Municipal Corporation Act by which powers of the SEC for delimitation were withdrawn and the power was entrusted with the state.
The amendment was challenged in the Supreme Court and the issue is still pending.
"In August 2022, the present Maharashtra government issued an ordinance by which the number of wards was once again reduced from 236 to 227. This ordinance has also been challenged in the Supreme Court," the affidavit said.
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