A division bench of Chief Justice Dipankar Datta and Justice Girish S Kulkarni had concluded hearing and reserved its ruling last month. (File)
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.
A division bench of Chief Justice Dipankar Datta and Justice Girish S Kulkarni had concluded hearing and reserved its ruling last month.
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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”. Thereafter, the Shiv Sena-led BMC, during an ‘urgent’ general body meeting on October 23, 2020 ratified the Standing Committee’s decision. The HC on the same day granted Shirsat interim relief and allowed him to remain as a member of the panel till further orders.
The HC had 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 which the civic body had relied on to disqualify him.
Shirsat, through advocates Amogh Singh and Jeet Gandhi, had said that the rules referred to by the BMC were contrary to the Mumbai Municipal Corporation Act.
The BMC and its mayor Kishori Pednekar, through senior counsel Anil Y Sakhare and Aspi Chinoy, respectively, justified the disqualification saying that only elected members can be part of the Standing Committee and there was “no scope for nominated councillor” to be inducted on the panel.
After hearing submissions, the bench observed, “Having read the statutory provisions, there appears to be no express bar for a ‘nominated councillor’ of the Corporation to be inducted in its Standing Committee.”
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While allowing Shirsat’s petition, the bench held, “The act of removal of the petitioner from the Standing Committee of the Corporation merely on the ground that he is a ‘nominated councillor’ and not an ‘elected councillor’ does not have statutory support and cannot be countenanced in law. Consequently, the impugned order merits and is, accordingly, set aside.”
With this, the court confirmed its interim order granting relief to Shirsat to remain as standing committee member and disposed of the plea.
Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions.
Expertise & Authority
Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage.
Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in:
Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include:
Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes).
Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty).
Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict.
Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability.
Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges.
Omkar Gokhale's consistent, focused reporting on the judiciary establishes him as a definitive and authoritative voice for legal developments originating from Mumbai and impacting the entire state of Maharashtra. ... Read More
