SC dismisses BJP councillors’ plea challenging ordinance increasing BMC seats by nine

Responding to the contention that the number of councillors was increased without any “quantifiable data or latest census population data available”, the state government had earlier told the Bombay HC that the same was proportional to an increase in the population.

The government termed the grounds raised in the plea “unjust, arbitrary, mala fide and politically motivated” and said the ordinance was promulgated after following due legislative process.

The State Election Commission (SEC) had submitted before the high court that it has a schedule in place to conduct elections within the time mandated and any further deviation from it will only jeopardise and delay the election process.

The BMC had concurred with the state’s submissions and said that the increase in the number of seats was intended to better manage the issues of large population in the city.

The petitioners claimed before the high court and the Supreme Court that the ordinance is based on the 2011 Census and as these figures are more than 10 years old, amending the Maharashtra Municipal Corporation Act on their basis is illegal.

Senior Advocate Mukul Rohatgi, representing the petitioners, said the number of seats cannot be increased without conducting a new census, as the last census was held in 2011. He added that census was required to show the exact number of seats to be increased to reflect the proportionate increase in the population of voters in the BMC area.

However, the bench led by CJI Ramana said it was not inclined to interfere in the high court judgement and disposed of the plea.