Bombay High Court relief for nominated BJP councillor removed from BMC panel

Bombay High Court.

In a relief for BJP-nominated BMC corporator Balchandra Shirsat, the Bombay High Court on Monday set aside the civic body's decision to disqualify him from the standing committee.

Shirsat had last year approached HC challenging the BMC's decision giving consent to the standing committee chairman's order disqualifying him from the panel.

Shirsat was disqualified in October, 2020 on the ground that provisions of Mumbai Municipal Corporation Act did not permit induction of a nominated councillor in the standing committee of the civic body.

Shirsat in his plea claimed there was no such bar and that the decision of the corporation was bad in law and illegal.

A division bench of Chief Justice Dipankar Datta and Justice G S Kulkarni in its judgement said there appears to be no express bar for a "nominated councillor" ofthe corporation to be inducted in its standing committee.

"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," the court said.

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