“Guardian ministers have duty of oversight,’ HC rejects plea by Mumbai Congress chief challenging BMC’s decision on allocation of funds

A division bench of Justice Gautam S Patel and Justice Kamal R Khata passed an order in plea by Gaikwad and and two former corporators Ashraf Azmi and Meher Mohasin Haider that challenged BMC’s resolution of February 16, 2023, that delegated powers to guardian ministers Mangal Prabhat Lodha (Mumbai suburb) and Deepak Kesarkar (Mumbai city) to allocate funds based on representations submitted by the MPs and the MLAs. The Court termed the petition as ‘thoroughly misconceived and politically motivated”. The petitioners claimed that the BMC’s decision had resulted in illicit allocation of funds and discrimination in allocation of funds to the opposition parties. The bench said the petition seemed to ‘ensure allocation of funds as per wishes of petitioners,’ and the same was inconceivable.

“These are important checks and balances in the system. Guardian ministers have a duty of oversight. Petitioner seems to have forgotten there are only two authorities that can supersede Municipal Commissioner – they are High Court and state government. There is nothing wrong in administrative oversight being put in place. The kind of arbitrariness petitioners claim, suggests that the petitioners will dictate how the Municipal Commissioner, Standing committee and Government will allocate funds,” the order stated

Referring to Gaikwad’s assertion that recommendations by BJP MLA Lodha will always benefit his party, the HC said it shows the entire petition was politically motivated. Rejecting the plea, it added that the petitioners had alleged ‘malafide’ by the BJP, Shiv Sena and CM Eknath Shinde, however, did not provide strongest possible proof, and added “these grounds are always a refuge of a losing litigant”.