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“Prolonged administrator’s rule on BMC, other bodies for 3 years scandalous & shameful”

"I feel if you really mean business and if the politicians are alert, it will ensure that elections will be held in a timely manner," says D M Sukthankar, Former State Chief Secretary

BMC D M Sukthankar, Former State Chief Secretary"Prolonged rule by the administrator should be avoided in future," says D M Sukthankar, Former State Chief Secretary

With Municipal Corporations elections to be held in a few months after over three years of unprecedented administrator’s rule, D M Sukthankar, Former State Chief Secretary and ‘first-ever’ administrator for BMC speaks to Omkar Gokhale about the impact of such a rule on decision making and citizens at large.

Q. You were the first ever administrator in BMC’s history in 1984. How would you take decisions in the absence of an elected body?

During my term as the Administrator, I did not undertake any major project nor any long-term or far-reaching policy decisions, nor any financial/fiscal decisions involving large capital or revenue expenditure or imposition of any new taxes or any alteration in existing tax rates. I genuinely felt that such decisions ought to be taken only by the elected body (or by its empowered Committee), in true conformity with the spirit of democratic functioning.

I ensured that decisions taken by me were mentioned appropriately in statutory minutes, as Administrator (Corporation) Resolution or Administrator (Standing Committee) Resolution, so that their plain reading will explicitly indicate the exact authority in exercise of whose powers they were taken.

Q. Can the Administrator take independent decisions without the state government’s interference?

I would assert that, by and large, no conscious effort was made by anyone, including the state government or ministers, to interfere with my functioning as Administrator. Maybe, everyone realised that, as per my reputation, I will not succumb to any pressure. So far as I can recall, no special or conscious preference was shown by me, to projects or proposals made or recommended by MLAs, in the absence of corporators. Every proposal was considered on its own intrinsic and overall merits. I do not have feedback on the present situation but day by day the things are becoming more and more politicalised.

Q. BMC and other major municipal bodies have been witnessing nearly over three years of Administrator rule. What is the impact?

I think that the continuation of the Administrator’s rule for as long as three years or more is absolutely scandalous. Supersession of the elected body for such a long period of time is definitely contrary to the democratic functioning of local self government, both in its letter and spirit. Such supersession should, in my view, be essentially regarded as a very unfortunate aberration, to be prevented and avoided virtually at any cost. Elections ought to be held regularly, as per the periodicity prescribed by law, and the Administrator’s rule, which is contrary to the democratic spirit of our Constitution, should not be permitted to extend, in any case, beyond one year. So, what happens is that decisions on major projects and major policy issues go on getting postponed.

Q. How would you maintain transparency during the Administrator’s rule?

The only way in which you can introduce some transparency is by making yourself more approachable and accessible to people and sensitive to public issues or grievances. In my case, for example, I used to meet any member of the public almost daily and anybody could come with any grievance if they were dissatisfied with what was happening at the ward level or any other neglect of any kind.

Q. Now that municipal elections will be held in a few months, what should we be cautious about?

I feel if you really mean business and if the politicians are alert, it will ensure that elections will be held in a timely manner. Prolonged rule by the administrator should be avoided in future. I do not know why the present Administrator’s rule has lingered for three years or more. I have not been directly in touch with present decision-making, but I think it is quite shameful. What I feel is that if everybody sincerely believes that postponement of elections should be more of an exception. It would be feasible to hold elections well in time, i.e, within a year. The long and short of it, therefore, is that the Administrator has got to be open and accessible and he/she should not think that he/she had been appointed there for a long period. And he/she should not take decisions which ought to be left to public representatives.

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

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