The number of electoral wards in Mumbai is set to be increased from 227 to 236 for the forthcoming BMC elections
Bombay High Court. File pic
The State Election Commission (SEC) appointed state officers as its delegates for election purposes as it lacked sufficient manpower and that any final decision on the delimitation of municipal wards would be taken only by the commission, the Bombay High Court was told on Tuesday.
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SEC's advocate Sachin Shetye told a division bench of Justices Amjad Sayed and Abhay Ahuja that, as per rule, a delimitation notification has to be issued six months before elections. The notification pertains to the outer boundaries of a corporation and not about internal changes.
The bench was hearing a public interest litigation (PIL) filed by Nitesh Singh of BJP and Sagar Devre of Maharashtra Navnirman Sena (MNS) challenging the legality and propriety of the Brihanmumbai Municipal Corporation's notification dated February 1 calling for suggestions and objections from the public on the proposed delimitation of wards in Mumbai.
The number of electoral wards in Mumbai is set to be increased from 227 to 236 for the forthcoming BMC elections.
The petitioners' main contention was that BMC chief I S Chahal, who had issued the notification, was not authorised to do so.
However, Shetye told the high court that the SEC had delegated the power to the BMC Commissioner for elections.
"The SEC is short-staffed and hence, since the beginning, it delegates powers to the officers in the state. The SEC is supposed to have a staff of 80 personnel.
However, it has only 57 personnel as of date," Shetye said.
He added that when such powers are delegated to state officers then these officers act as delegates of the SEC and not as an officer of the state government.
These officers are then answerable to the Commission, he said.
Shetye further said that as of February 14- the last date of sending objections and suggestions- 816 letters have been received (for delimitation of wards in Mumbai).
IAS officer, Manoj Sounik, who is presently the additional chief secretary, Finance, has been appointed to conduct a hearing on the objections and suggestions received.
A report would be then submitted to the SEC on March 1, Shetye said, adding that the final decision on the formation of new wards rests with the State Election Commissioner.
The bench said it would pass an order in the matter on February 17.
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