BMC to complete two years without elected reps; how is Mumbai running under admin rule?

On March 8, 2024, the Brihanmumbai Municipal Corporation (BMC) will complete two years under an administrative rule. It is the longest period in the history of the BMC, the richest civic body in the country, to run without elected representatives.

Since the five-year tenure of the elected corporators ended in March 2022, all the committees that clear the proposals, such as the standing committee, which has members from all parties, also became defunct. Instead of holding municipal elections, BMC was put under administrative rule under Section 54 of the Mumbai Municipal Corporation Act 1888. Municipal Commissioner, Iqbal Singh Chahal became the sole decision maker at the BMC, including sanctioning proposals and allocating funds.

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However, since the administrator is appointed by the state government, the opposition leaders allege that the BMC commissioner allocates funds only to ruling party leaders, and proposals of opposition party leaders at the BMC are not even considered.

‘Injustice to Mumbaikars,' says former Mumbai mayor

Former mayor of Mumbai and Shiv Sena (Uddhav Thackeray faction) leader, Vishakha Raut condemned the current BMC administrative rule saying, "We are not at all satisfied with Iqbal Singh Chahal's work. As head of the city, the commissioner needs to be impartial, which is not the case with Chahal."

"The Municipal Commissioner has sanctioned Rs 5 crore, Rs 10 crore funds to BJP and Shiv Sena's Eknath Shinde faction representatives. We want to know where will they spend this money. If the money is given for specific projects we don't mind, but distributing it to specific party ex-corporators is unfair for Mumbai," Raut added.

Raut, who was also the leader of the BMC house said, "When all Mumbaikars pay taxes, why only certain ward leaders' proposals are sanctioned? It is mere injustice to Mumbaikars. Yes, the commissioner needs to take advice from the state government for sanctioning proposals, but to what extent is the question."

Raut added that she has stopped giving proposals to the BMC commissioner lately, as she gets nothing apart from a ‘received stamp' for her letters and a verbal nod.

Congress leader and former corporator, Ravi Raja said, "Under administrative rule, the municipal commissioner consults the additional commissioners and department heads on the proposals. But before taking the final decision, the Urban development minister, and guardian ministers of the city are also consulted. It is obvious the ministers are recommending proposals of the ruling party's ex-corporators. The partiality in funds allocation is clear and seen by everybody."

"The BMC commissioner has given funds to MPs and MLAs of the ruling party. Thus, they are getting funds from both BMC and the government," Ravi Raja added.

BJP leader, former corporator and former MLA, Atul Shah refused to comment on the allegations made by the opposition.

What officials say

Senior BMC official on the condition of anonymity said, "As the commissioner is appointed as the administrator by the state government, he approves the proposals recommended by the government. He also sanctions proposals by forwarding and consulting the guardian ministers."

"There are cases that funds to certain corporators are not allotted. But, an allegation that only BJP and Shiv Sena (Eknath Shinde group) leaders' proposals are sanctions is not true. The BMC commissioner has given funds to former corporators like Abu Azmi and Rais Shaikh. Proposals of all party leaders are considered," the official added.

BMC's former Joint Deputy Municipal Commissioner, Bharat Marathe said, "There are different kinds of funds at the corporation. At the ward level, there is an individual corporator fund, ward committee fund and funds for the projects BMC is implementing. Allocating of funds is through corporators' recommendations. As there are no elected representatives now, the commissioner is the whole and sole authority. Otherwise, it is the standing committee which clears the proposals, which is ceased now due to administrative rule."

"In such cases, although the commissioner is the final decision maker, he/she takes advice from the state urban development ministry, guardian ministers etc. However, as the commissioner is appointed by the state government, there can be state ministers influence on his decision making," Marathe said.

Notably, when proposals are tabled in a standing committee, corporators from all parties get a chance to raise their suggestions and objections, discuss and debate. After a proposal is sanctioned by the standing committee, the BMC administration allocates funds and the concerned department implements the project work. But as the committees are defunct now, BMC administration is the sole decision-making authority.

Till when the administrative rule continue?

It is not only Brihanmumbai Municipal Corporation, but all 27 municipal corporations in Maharashtra are run by administrators. Thus, the entire budgets of 27 municipal corporations are in the hands of state government-appointed administrators.

The administrative rule is implemented when the state election commission is unable to hold elections in the stipulated time. In such a situation, the city is put under administrative rule to handle grievances, and projects and provide services to citizens on a daily basis. The main point is, that the citizens should not suffer due to the unavailability of elected representatives.

This unprecedented situation has arisen due to a bill passed by the Maharashtra state legislature and accepted by the Governor on reservations for Other Backward Classes (OBC) candidates. Accordingly, a 27 per cent quota for OBC needs to be given in all municipal elections in the state. Although the state has put the law in place, the matter is pending in the Supreme Court of India.

In the case of Mumbai, there is another reason for the delay in civic elections. When Uddhav Thackeray was the chief minister of the state, nine civic wards in Mumbai were increased from 227 to 236. However, when the Eknath Shinde's government came to power, they revoked the decision to increase wards in Mumbai. The Uddhav Thackeray faction has moved to High Court against this decision and the final decision is still awaited.

As the Lok Sabha elections and Maharashtra state elections will be conducted this year, it is expected that the decision on municipal elections will be finalised after the state election The Lok Sabha elections will be held in mid-2024, and Maharashtra state elections will be held at the year-end.

The administrative rule will continue till the state election commission conducts municipal polls.