Bombay HC sets aside BMC’s decision disqualifying BJP-nominated corporator from Standing Committee

Earlier, the high court had allowed Shirsat to remain as a member of the Standing Committee pending further hearing.

In a relief to BJP-nominated BMC corporator Bhalchandra Shirsat, the Bombay High Court on Monday set aside the decision of the general body of Brihanmumbai Municipal Corporation (BMC) ratifying the Standing Committee chairman’s decision to disqualify Shirsat from the panel.

Shirsat was disqualified from the Standing Committee by the chairman and Shiv Sena leader, Yashwant Jadhav, last October. He subsequently moved the high court challenging the order, on the ground that it was “illegal” and in “colourable exercise of power”.

A division bench of Chief Justice Dipankar Datta and Justice Girish S Kulkarni had concluded hearing and reserved its ruling last month.

Earlier, the high court had allowed Shirsat to remain as a member of the Standing Committee pending further hearing. It also directed Shirsat to pay Rs 1 lakh to the civic body for not challenging the Municipal Corporation Standing Committee Rules and for “wasting BMC’s time”.

However, Shirsat amended the plea and challenged the rules that the civic body had relied on to disqualify him. The BMC justified the disqualification saying only elected members can be part of the Standing Commitee.

Shirsat, through advocate Amogh Singh, had said that the rules referred to by the BMC were contrary to the Mumbai Municipal Corporation Act.

Source: Read Full Article