The Bombay High Court has taken up a significant public interest litigation (PIL) concerning the upcoming Brihanmumbai Municipal Corporation (BMC) elections. The court has scheduled a hearing for Friday after a brief preliminary discussion on Wednesday.
What the PIL Alleges
The petition, filed by Mozam Ali Mir from Bandra East, challenges the rejection of nomination forms for numerous candidates. It accuses the district election officer, who is also the Mumbai municipal commissioner, and the returning officers for wards 1 to 227 of acting in a high-handed and arbitrary manner. The PIL claims these officials rejected forms on frivolous and hyper-technical grounds, primarily to "oblige the ruling party".
A major point of contention is the demand for No Objection Certificates (NOCs) from five different departments: police, water, tax, sewerage, and estate. The PIL argues this requirement is "arbitrary, unreasonable and violative of Article 14" which guarantees the right to equality. It highlights the risk of political sabotage, as departments like water and tax are under the direct control of the very municipal corporation conducting the elections.
Legal and Constitutional Concerns Raised
The plea asserts that the State Election Commission (SEC) issued an official checklist of required documents last month. However, the commission and the BMC allegedly flouted this list by demanding additional documents not included in the original checklist. The PIL states that the BMC, as an implementing agency, has no jurisdiction to alter or add conditions set by the SEC.
Furthermore, the petition argues that the seven-day window for filing nominations was "extremely short", compounding the problems faced by aspirants. By imposing extra-legal eligibility conditions, the municipal administration is accused of attempting to supersede the constitutional powers of the SEC. This has resulted in many citizens and opposition party candidates losing their right to participate in the electoral process under the Representative of the People Act.
Next Steps and Judicial Scrutiny
The division bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad acknowledged the urgency of the matter. Noting the prayers made in the PIL, they have posted the case for a detailed hearing on Friday. The petitioner, represented by advocate Moin Khan and argued by A A Siddiquie, seeks a declaration that nominations cannot be rejected for the want of NOCs that were not originally prescribed by the SEC.
This case puts a spotlight on the fairness of the pre-election process for the crucial BMC polls. The court's decision on Friday could have significant implications for the conduct of the elections and the integrity of the nomination process.
