On January 9, The division bench of Bombay High Court led by Justices SB Shukre and MW Chandwani reserved its verdict in the plea challenging a law passed by the Maharashtra government reducing the number of directly elected councilors within the Brihanmumbai Municipal Corporation (BMC) limits from 236 to 227. A bench reserved its order after hearing the petitions filed by ex-BMC councilors Raju Pednekar and Sameer Desai seeking quashing of the Act on the ground that it is ex-facie illegal and unconstitutional.

The petitions highlighted that the Act under challenge “proceeded on the legally unsound basis” and on a wrong interpretation of the Supreme Court order of May 4, 2022, which had directed to conduct elections based on the delimitation process for 236 wards.

On May 4, 2022 the Supreme Court, while hearing a petition on the OBC reservation in the local bodies had said the State Election Commission must proceed with the elections due on the expiry of the five-year term, and notify the same on the basis of the previous delimitation exercise. The petitioners submitted that the elections to the Mumbai Municipal Corporation are already overdue by more than 6 months and if the Act is not stayed, then the State Election Commission will not be able to conduct BMC elections.

Advocate Sachindra Shetye, appearing for the SEC, contended that the commission is bound to follow the existing law of the land which is why it had proceeded to issue final delimitation notification for the increased wards. Senior Advocate SK Mishra for the BMC stated at the outset that all parties ought to have acted as per the order of the Supreme Court.  He added that the order of the Supreme Court was clear and the same requires elections to proceed as per the original number of wards which is 227.

Case Title: Raju Sripad Pednekar v. State of Maharashtra & Ors.