Reduction in BMC wards challenged in SC ahead of polls; grants liberty to move HC
The Maharashtra government‘s decision to reduce the number of wards from 236 to 227 was challenged in the Supreme Court by ex-Mumbai councilor Raju Shripad Pednekar of the Uddhav Thackeray faction.
The Supreme Court, on Wednesday, granted liberty to the petitioner, inter alia, challenging the decision of the present Maharashtra government to reduce the number of BMC councilors from 236 to 227, to approach the Bombay High Court.
The Thackeray group moved the SC against the constitutional validity of the Maharashtra Ordinance No.7 of 2022 and the subsequent Act which replaced it. Appearing for him, senior advocate Devdutt Kamat pointed out that the apex court had affirmed that the non-completion of the 2021 census would cause no impediment in increasing the number of elected councillors of the BMC.
However, Justice Chandrachud observed, “Challenge the Act before the High Court. The High Court is not disabled from hearing it. Why should we hear challenges to the electoral process of all states here? Let us have the benefit of the High Court judgment”. Thereafter, the petition was withdrawn with the liberty to seek relief from the Bombay High Court.
On August 22, the SC had ordered maintenance of the status quo relating to holding of BMC elections as pleas challenged Maharashtra’s August 4 Ordinance reducing the total number of directly elected corporators from 236 to 227. Without commenting on the merits of the pleas, the SC had asked all parties, including the State Election Commission, to maintain the status quo on the BMC elections.
On August 24, the Maharashtra Assembly passed a law reducing the elected corporators’ strength from 236 to 227. Pednekar had challenged the law in SC.
Earlier in a setback for the Uddhav Thackeray group, Nihar Thackeray, the grandson of Shiv Sena founder late Bal Thackeray, has said that he supports the Eknath Shinde faction of the party and is ready to campaign for the upcoming Andheri East Assembly byelection. Uddhav’s elder brother Jaidev and Jaidev’s former wife Smita too shared the stage with Shinde, in an apparent attempt to send out a message that barring Uddhav and his son, the rest of the family supported Shinde.
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