SEC seeks dismissal of PIL against BMC delimitation notification

The State Election Commission (SEC) Tuesday sought dismissal of a public interest litigation (PIL) in the Bombay High Court filed by members of the BJP and MNS challenging a notification issued by BMC Commissioner Iqbal Singh Chahal for delimitation or changing of boundaries of electoral wards for the upcoming civic elections.

The SEC informed the bench that its 2005 order had only restrained the changing boundaries of the overall area of the civic body within six months before the expiration of the tenure of local self government (municipality) and was not for electoral wards within the civic body area. The court concluded hearing in the case and kept the matter for hearing next on February 17.

A division bench of Justice A A Sayed and Justice Abhay Ahuja was hearing the PIL filed by Nitesh Rajhans Singh of the BJP and Sagar Kantilal Devre of the MNS, challenging the “legality and propriety” of the notification published in the official gazette on February 1.
The corporation published the notification along with maps of the wards and sought public feedback till February 14. As per the notification, the number of wards has increased from 227 to 236 and ward boundaries have changed. Of the nine new wards, three wards each have increased in the island city, the western suburbs and the eastern suburbs.

Advocate Sachindra Shetye for the SEC said the petitioners’ contention was misplaced as the 2005 SEC order stipulated that while state government cannot change the overall boundaries of the civic body, it did not put any restrictions pertaining to individual wards. He added that the powers were delegated to BMC Commissioner as per constitution and election rules.

Shetye said that the EC had delegated Manoj Saunik, Additional Chief Secretary, Maharashtra to conduct on February 22 a hearing on the objections raised and submit a report by March 1.

“He (BMC Commissioner) has been delegated power as an independent officer to prepare a draft and then publish it in gazette. The law stipulates either officers of SEC or officers empowered by SEC can be delegated powers. We also have appointed Saunik, an independent officer of state government, who is senior to BMC Commissioner, to conduct the hearing of objections as a delegate of SEC. He will make recommendations to the SEC regarding formation of wards. However, final notification of wards will be issued only under the signature of the State Election Commissioner.”

After the court queried as to why an officer of SEC itself cannot be appointed to conduct hearing on objections, Shetye said that same was not possible as the SEC has sanctioned strength of 80 employees and only 52 positions are filled up.

“We do not have enough officers to conduct the exercise, so we have no option other than delegating powers. There is no violation of any law,” Shetye said.

The HC was informed that as on date, a total of 816 objections were received and each of them will be heard personally and steps will be taken. “The court should take a serious note of such petitions filed on the verge of election and dismiss them with exemplary costs,” Shetye argued.

Senior Advocate Anil Sakhare for BMC said the draft was rightly published by Chahal since he is the person having “entire machinery and can act as delegate of SEC”.

“He (Chahal) is working as an extended arm of the SEC and does not take instructions from the State Chief Secretary or Urban Development Department. For assisting in elections, his presence will be necessary and a similar process is done for assembly and parliamentary elections. EC has power to requisition anyone’s services,” Sakhare said and sought dismissal of the plea.

He added that delimitation was carried out as the number of seats were increased based on increasing population and the same was justified.