PCMC Polls 2017: Candidates face disqualification if linked with illegal constructions

In a first, civic body’s election office invokes a rule of BPMC Act that could hit several candidates.

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Section 10 of BPMC Act says a councillor shall be disqualified if he has constructed or constructs by himself, his spouse or his dependents, any illegal or unauthorised structure. (Source: File)

In a first, the election office of the Pimpri-Chinchwad Municipal Corporation (PCMC) has said if any candidate or his close family members are found to have been involved in illegal constructions, he or she will be disqualified from contesting the elections. PCMC poll candidates will have to submit an affidavit to the effect while filing their nomination forms. The move is likely to hit several sitting corporators, especially from the ruling NCP, civic officials said.

PCMC’s assistant municipal commissioner (election department) Yeshwant Mane told The Indian Express Wednesday that candidates were expected to file an “affidavit” that they or their close family friends had no illegal constructions in Pimpri-Chinchwad. “In case there is an objection to their declarations, we will probe the matter, including if they have been served any notice by the PCMC for an illegal construction,” he said.

Mane said if it was found that a candidate had been served notice by the PCMC for illegal construction, he or she would not be allowed to contest the election.

Civic officials said in such a case, the candidate would have the option of approaching the civil courts, but by the time the date of filing of nomination would be over, leaving him or her out of the race.

The move is likely to hit the NCP, which rules PCMC. In 2007, as many as 25 of its corporators were issued notices for setting up illegal constructions. In 2012, the same corporators or their close relatives, like their children, had contested the election and won.

Mangala Kadam, NCP’s House leader in the PCMC, said it was not clear what yardstick would be applied before disqualifying a candidate. “Suppose the brother of a candidate has set up an illegal construction but both brothers have parted ways. How will the PCMC then judge the candidate?”

“There are other grey areas as well. The election office should first clear the air over what constitutes an illegal construction and how they plan to disqualify a candidate because this is very tricky issue,” she said.

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Former corporator Maruti Bhapkar, a poll candidate this time, said it was a major decision that could cause a major upheaval. “This is because if the rule is applied in case of illegal constructions that happened years back, then 80 per cent of the candidates will not be able to contest. But if the election office links it to illegal constructions set up after 2012, not many will be affected,” he said.

Bhapkar said 2012 was the cut-off year declared by the state government in the past.

PCMC officials said they would soon provide information in this regard.

BJP general secretary Sarang Kamtekar said the Section 10 (1-D) of BPMC (Bombay Provincial Municipal Corporation) Act, already had the provision regarding illegal constructions. “This is the first time they are talking of implementing it at the time of filing of nomination papers. If they implement it strictly, several candidates will be in trouble,” he said.

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Bhapkar, however, alleged it could be a BJP ploy. “BJP knows it has a chance of capturing PCMC. And that can be done if several sitting corporators are not allowed to contest,” he said.

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