Exclusive | Mumbai: Uncertainty looms over hawkers’ representative elections

Unions say there are more than three lakh hawkers across the city. Representation pic/Nimesh Dave

After eight years of delay, even as the BMC is all set to hold elections to select hawkers' representatives in the Town Vending Committee (TVC), a cloud of uncertainty is looming over the process. The Supreme Court on Wednesday, in its ruling on a petition filed by Maharashtra Ekta Hawkers Union, directed that the election process shall go on. However, the result of the election shall not be declared without the permission of the court.

Parliament passed the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act in 2014, following a Supreme Court order, and the TVC plays an important role as it is responsible for the allotment of licences to hawkers, pitches and overall regulation in the city. The TVC structure consists of one central town vending committee and seven zonal committees. Each committee comprises 20 members, with 12 being nominated and eight being representatives of hawkers. These representatives are elected by hawkers via the election process.

The Supreme Court directed on Wednesday that the election scheduled to be held today shall go on as planned, but the results should be withheld. The court further stated that the high court has listed the case for hearing on September 26. Notwithstanding the pendency of this special leave petition, it will be open for the high court to decide the writ petition in accordance with law on its own merits.

"We haven't received the order yet. The elections will go on as per the schedule and we will decide on the further course of action as per directions of the apex court. The BMC may reach the SC today to submit its side," said a BMC official involved in the election process.

Meanwhile, the president of Azad Hawkers Union, Dayashankar Singh, said, "Though we are not satisfied with the process and poor representation of hawkers, we participated in the election process as at least some steps are being taken towards regulation of hawkers."

There are 10,388 hawkers who received licences in the 1970s. When the BMC started a survey in 2016, they had identified and distributed forms to 1.28 lakh hawkers, of which 99,435 submitted applications with relevant documents. As the state government had made domicile certificates mandatory, only 15,361 hawkers were found eligible in 2019.

Now, after the relaxation of the domicile rule, the number of eligible hawkers has increased to 22,027. The total number of registered street vendor voters under BMC jurisdiction is 32,415. After eight years of delay, the elections for hawkers' representatives in the TVC will be held today. One of the unions has already boycotted the elections "citing poor representation and shoddy the process" as there might be more than three lakh hawkers in the city.

Sharad Rao, president of Mumbai Hawkers' Union, boycotted the elections and didn't contest any of the seats in any committee. "The entire process is a sham with an eight-year-old voter list and less than one-tenth of representatives," Rao said, adding that though the union hasn't contested the election, it hasn't restrained any of the voters.

Vidya Vaidya, a member of the town vending committee, said, "It is the logical democratic process and even if there are many lacunae, no one should oppose it. The entire process has been held up for so many years and at least there is some hope not only for hawkers but for all citizens who are facing hardships due to illegal encroachment on roads."

Sept 26
Day case has been listed in HC