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The Bombay High Court on Tuesday directed BJP-nominated BMC corporator Bhalchandra Shirsat to pay Rs 1 lakh to the civic physique for not challenging the Municipal Corporation Standing Committee Rules and for ‘wasting BMC’s time’ in his petition towards the choice of the civic physique’s normal physique ratifying the Standing Committee’s choice to disqualify him.
The HC on Tuesday continued the interim aid to Shirsat to stay a member of the Standing Committee until additional orders and mentioned that it’s going to hear his plea on Wednesday.
A division bench of Justice S J Kathawalla and Justice R I Chagla was listening to Shirsat’s plea and it was knowledgeable by advocate Amogh Singh that Shirsat needed to problem the principles that the civic physique had relied on, via which it has mentioned the Standing Committee member was required to be an elected member and due to this fact Shirsat’s disqualification was justified.
The bench then questioned the lawyer as to why the identical was not included within the pleadings earlier and why he was arguing with out preparations.
The court docket then sought Shirsat’s presence, after which he appeared earlier than the bench and confirmed that he was prepared to problem the Standing Committee Rules. Shirsat mentioned that the principles referred to by the BMC had been opposite to the Mumbai Municipal Corporation Act. The court docket then pulled up Shirsat and requested if such incomplete preparations had been justified within the matter with ‘high stakes.’
The HC then requested Shirsat to pay Rs 1 lakh as effective to the BMC by Tuesday night in case he needed to problem the principles, which he complied with.
Shirsat was disqualified from the Standing Committee by the chairman and Shiv Sena chief Yashwant Jadhav on October 21 and he had subsequently moved court docket challenging the order, on the bottom that it was ‘illegal’ and in ‘colourable exercise of power’.
The Shiv Sena-led BMC, in the course of the ‘urgent’ normal physique assembly convened on October 23, ratified the Standing Committee’s choice to disqualify Shirsat.
The transfer got here after the HC on the identical morning (October 23) had granted interim aid to Shirsat to proceed as a member of the Standing Committee till the court docket hears his plea.
The HC had allowed the overall physique of the BMC to proceed with the assembly to take a call as to whether or not Shirsat needs to be allowed to proceed as a member of the committee. It, nevertheless, had requested the civic physique not to implement the choice, if it was averse to petitioner Shirsat until subsequent listening to.
The court docket had earlier allowed Shirsat to amend his plea and problem BMC’s choice.
© The Indian Express (P) Ltd
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