The political row that cost you Rs 1 crore

That’s the cost of the BMC’s legal battle over BJP nominee Bhalchandra Shirsat’s standing committee membership

Political rivalry between the Shiv Sena and the BJP over the nomination of Bhalchandra Shirsat as a standing committee member has cost the Brihanmumbai Municipal Corporation (BMC) a whopping Rs 1.04 crore. Reply to an RTI query has revealed that the money was spent by the civic body for a legal fight in the High Court and then in the Supreme Court over the issue. RTI activist Anil Galgali had sought details from BMC’s legal department about the expenses incurred in the court battles. As per the reply, the civic body approached both the courts as the Sena opposed BJP’s nomination of Shirsat as a standing committee member. 

Sena corporator and house leader Vishakha Raut raised the objection in the standing committee meeting on October 21, 2020, saying that it was not in accordance with the Municipal Corporation Act, 1888. Then standing committee Chairman Yashwant Jadhav announced that Shirsat’s selection as a standing committee member was not legal and asked him to leave the meeting. 

The civic body spent over Rs 1 crore for the legal battles in the HC and SC. Representation pic

The BJP then filed a petition in the HC. The BMC spent Rs 76.60 lakh in the HC battle. Counsel Joel Carlos was paid Rs 3.80 lakh for nine appearances, Rs 7.50 lakh was given to Counsel Aspi Chinai for drafting and Rs 40,000 was given to Counsel AY Sakhare. Counsel AY Sakhre was given Rs 40,000 for the conference, Counsel AY Sakhre was paid Rs 14.50 lakh for six hearings, Counsel Aspi Chinai was given Rs 52.50 lakh for seven hearings (Rs 7.50 lakh for each hearing) and Counsel RM Kadam was paid Rs 5 lakh for one hearing. 

After the HC gave a verdict against the BMC in April 2021, it filed a review petition in the SC. The civic body further spent Rs 27.38 lakh for the legal fight in the SC. Advocate Mukul Rohitgi was given Rs 17.50 lakh (Rs 6.50 lakh for conference and Rs 11 lakh for two hearings) and Advocate Dhruv Mehta was paid Rs 5.50 lakh. Apart from this, the BMC has spent Rs 4.38 lakh on draft, conference, petition and hearings. The SC dismissed the review petition on July 15, 2021. According to Galgali, whenever a political battle goes to court, the BMC’s treasury is always burdened.

Speaking to mid-day, standing committee Chairman Yashwant Jadhav said, “The issue was related to policy matter and the BMC had to put forward its side in courts. We respect the decision of the honorary courts.”  

Not the first time

This is not the first legal fight between the Sena and BJP.  The BJP had gone to court to seek the post of Leader of Opposition (LoP). The HC dismissed a petition filed by BJP leader Prabhakar Shinde seeking the post of LoP in September 2020. A bench of Justice SJ Kathawalla and Justice Madhav Kamdar mentioned in its judgment, “A mere change in mindset would not be sufficient to overturn a previous appointment. The law does not allow an important post such as that of Leader of Opposition to be occupied temporarily on the whims of any person or party.”

76.60 lakh
Amount (in R) the BMC spent in the HC

27.38 lakh
Amount (in R) the BMC spent in the SC

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