BJP councillors’ plea challenging Maharashtra ordinance on ward strength dismissed

The petitioners told Bombay High Court the state government had used 2011 Census data to increase the number of municipal wards

The Bombay High Court on Monday dismissed a plea by two BJP councillors challenging a November 30 ordinance of the Maharashtra government increasing the ward strength of the Brihanmumbai Municipal Corporation (BMC) by nine, from 227 to 236.

A bench of Justices AA Sayed and Abhay Ahuja was hearing the plea by BJP councillors Abhijit Samant and Rajeshree Shirwadkar challenging the notification issued by the Maharashtra Urban Development Department. The petitioners, through senior advocate Veerendra Tulzapurkar, argued the ordinance was illegal and arbitrary, and was issued ahead of the BMC elections to benefit a certain political party.

The Maharashtra government, through Advocate General Ashutosh Kumbhakoni, maintained the said change had been brought about to ensure the total number of seats in various municipal corporations and municipal councils was commensurate with the population increase in the concerned areas. The petitioners, however, told HC the state government had used 2011 Census data to increase the number of municipal wards in the city. The 2011 Census showed the city's population rose by 3.87 per cent.

The plea said the state government did not increase the number of corporators in 2011 and the current composition of the civic body has been unchanged since 2001. It further said the state election commission, in 2016, used the 2011 Census to draw boundaries, reserve some existing wards for backward classes, Scheduled Tribes etc., but did not change the number of wards for the 2017 municipal elections.

Kumbhakoni, however, said the petition had been filed on frivolous grounds and must be dismissed with heavy costs for wasting the court's time. Senior advocate Anil Sakhare, appearing for the BMC, said the increase in the number of ward seats was intended to better manage the issues of the large population in the city.

The HC then asked the petitioners if they were seeking a stay on the BMC elections, to which they responded in the negative. "We are dismissing the petition and a detailed order will be made available in due course," the bench said.

3.87
Percentage by which city's population rose as per 2011 Census

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