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Bombay HC dismisses petitions challenging delimitation of BMC wards back to 227 from 236

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2 years ago

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Mumbai: The Bombay High Court on Monday dismissed petitions filed by former corporators challenging the Maharashtra government’s ordinance reversing the previous Maharashtra Vikas Aghadi (MVA) government’s decision to go ahead with the delimitation of Brihanmumbai Municipal Corporation (BMC) wards.

The order was passed by a division bench of Justices SB Shukre and MW Chandwani while hearing petitions filed by two former councillors – Raju Pednekar and Sameer Desai.


“We find no substance in both the petitions. Both the petitions stand dismissed,” said the bench while dismissing the petitions.

In 2021, the MVA initiated the delimitation process and increased the number of electoral wards from 227 to 236. However, on August 8, the present government reduced the number of wards to 227. On September 8, the ordinance was replaced by the Act.

Pednekar, a former corporator belonging to Shiv Sena (Uddhav Balasaheb Thackeray), had approached the HC after the Supreme Court granted him the liberty to withdraw his plea and move the Bombay High Court regarding the issue.

He sought quashing the government’s decision stating that it was against the Constitution. Pending the hearing of his plea, he sought a stay on the decision. Further he prayed that the State Election Commission (SEC) conduct the BMC elections based on delimitation conducted earlier, as per the Supreme Court’s orders on May 4 and July 20.

His plea had contended that in February 2022, the HC had dismissed pleas against the delimitation initiated by the MVA government increasing the BMC wards to 236. It was after this, that the SEC published a final notification in the official gazette.

The government has contended that the plea has been filed with “ulterior motives”. An affidavit filed by Priyanka Chhapwale, Deputy Secretary of the Urban Development Department, contended that there was a miniscule increase in population from 2001 to 2021 census and hence wards were not increased for the elections which took place in 2012 and 2017.

The 2001 census showed Mumbai’s population as 1,19,78,450 which increased to 1,24,42,373 in 2011 which is an increase of only 3.87%. “It is a well settled principle of law that the right to contest an election does not have the status of fundamental rights. Instead the said right is a mere creature of a statute,” it said.

Stating that the law as it stood prior to Nov 30, 2021 (with 227 seats) was valid and constitutional, the government has sought that Pednekar’s plea be dismissed which has been filed with “malafide” intentions and due to “political influence”.

The State Election Commission’s (SEC) Deputy Commissioner Avinash Sanas had filed an affidavit stating that when the seats were increased by the government from 227 to 236, the SEC had to scrap the work already done by it with regard to the pre-election process and restart it. It said the previous MVA government then amended the Mumbai Municipal Corporation Act by which powers of the SEC for delimitation were withdrawn and the power was entrusted with the state.

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Maharashtra

Maharashtra Election Results 2024: UBT’s Sanjay Raut Cries Conspiracy, Says ‘This Can’t Be Decision Of People Of State’

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60 mins ago

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November 23, 2024

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Maharashtra Election Results 2024: UBT's Sanjay Raut Cries Conspiracy, Says 'This Can't Be Decision Of People Of State'

The early trends as of 10:30 AM indicate a landslide victory for the BJP-led Mahayuti government in the Maharashtra Assembly elections. Shiv Sena (UBT) leader and Rajya Sabha MP Sanjay Raut has responded to the early trends showing Maha Vikas Aghadi’s (MVA) massive defeat in Maharashtra.

Speaking to the media amid ongoing counting, Raut said, ‘This cannot be the decision of the people of Maharashtra. We know what the people of Maharashtra want.’

‘From what we are seeing, it seems that something is wrong. This was not the decision of the public. Everyone will understand what is wrong here. What did they (Mahayuti) do that they are getting more than 120 seats? How is it that MVA is not even getting 75 seats in Maharashtra?’ Raut said.

Rejecting the trends, Raut said that his party has faith in the people of Maharashtra. “They have done some ‘gadbad,’ they have stolen some of our seats…This cannot be the public’s decision. Even the public does not agree with these results. Once the results are out, we will talk more. In every election seat, money-counting machines were installed. Is it possible that Shinde gets 60 seats, Ajit Pawar gets 40 seats, and BJP gets 125 seats? The people of this state are not dishonest. We have faith in the people of Maharashtra,” he said.

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Maharashtra

Byculla, Maharashtra Assembly Elections Results 2024: Can Yamini Jadhav Defend Her Turf In Sena vs Sena Battle Against Manoj Jamsutkar?

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1 hour ago

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November 23, 2024

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Mumbai: As the Maharashtra Legislative Assembly Elections Results 2024 are set to be revealed on Saturday, November 23, all eyes are on key constituencies like Byculla, a key seat in Mumbai. The constituency is part of the Mumbai South Lok Sabha constituency and has been a focal point of intense political competition.

Byculla is one of the 288 seats in the Maharashtra Legislative Assembly and is designated as constituency number 184. The seat falls under the general category and is located in Mumbai City District. Currently, Byculla is represented by Yamini Jadhav of Shiv Sena (Shinde faction).

In the 2024 elections, Yamini Jadhav will face a tough fight from the Shiv Sena UBT candidate Manoj Jamsutkar, making it a key battle to watch. Jadhav secured her victory in 2019 by defeating AIMIM’s Waris Pathan with a sizeable margin of over 20,023 votes, but this time, the political dynamics have shifted.

Byculla has a total of 2,58,856 registered voters, as per the Election Commission’s latest figures. With a diverse demographic composition, the seat often witnesses polarized voting patterns.

Current Political Scenario in Maharashtra

The ruling coalition, Mahayuti, led by Eknath Shinde (Shiv Sena-Shinde), Devendra Fadnavis (BJP), and Ajit Pawar (NCP-Ajit Pawar), currently holds 202 seats in the assembly. Of these, BJP accounts for 102 seats, NCP (Ajit) has 40, Shiv Sena (Shinde) has 38, and smaller parties hold the remaining 22 seats.

On the other hand, the opposition alliance, Maha Vikas Aghadi (MVA), led by Sharad Pawar (NCP-Sharad Pawar), Uddhav Thackeray (Shiv Sena-UBT) and Nana Patole (Congress) holds 69 seats. Congress leads the MVA with 37 seats, followed by Shiv Sena (UBT) with 16 and NCP (Sharad Pawar) with 12.

Byculla is considered crucial for both alliances. For the ruling Mahayuti, retaining the seat will showcase its strength in Mumbai, while a win for MVA could indicate a shift in urban voting preferences.

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Maharashtra

Worli, Maharashtra Assembly Election Results 2024: Aaditya Thackeray Looks To Defend Turf Against Milind Deora

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1 hour ago

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November 23, 2024

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Maharashtra Legislative Assembly Election Results 2024 are set to be declared on Saturday, November 23. All eyes are on the big fight between the ruling Mahayuti, led by Chief Minister Eknath Shinde (Shiv Sena – Shinde) alongwith Deputy Chief Ministers Devendra Fadnavis (BJP), Ajit Pawar (NCP), and the Maha Vikas Aghadi (MVA) led by Sharad Pawar (NCP-Sharad Pawar) and Uddhav Thackeray (Shiv Sena-UBT). Worli Assembly constituency is one of the key constituencies everyone has their eyes on. Worli assembly constituency falls in Mumbai South Lok Sabha constituency.

Worli constituency is one of the 288 seats from the Maharashtra Legislative Assembly up for grabs. The constituency, designated by number 182, falls in Mumbai City District. Worli, the general category constituency, is currently represented in Maharashtra Legislative Assembly by Aaditya Thackeray from Shiv Sena (UBT).

Past polls

In Maharashtra Legislative Assembly 2019 elections, Aaditya Thackeray defeated Nationalist Congress Party’s Suresh Mane by 67427 votes. Thackeray got 89248 votes while Mane got 21821 votes.

Before Aaditya Thackeray, the constituency was represented in Maharashtra assembly by Sunil Shinde (Shiv Sena).

Worli Legislative Assembly Constituency:

As per 2011 census, there are 271,277 voters in Worli constituency.

Worli is broadly considered to be a bastion of Shiv Sena with a large Maharashtrian population but in past, other parties like the NCP have been able to snatch the seat.

The constituency is in focus this time due to clash between various factions of Shiv Sena and NCP. It is likely that fight for Worli would become a prestige issue for both, Shiv Sena (UBT) and Shiv Sena (Shinde) factions.

Issues In Worli Assembly Constituency:

Two of the prominent issues in Worli are demands of the fisherfolk with respect to the coastal road and redevelopment of the BDD chawls.

Current situation In Maharashtra Assembly:

Currently, that is in the run up to assembly elections 2024, the ruling disposition in Maharashtra has 202 MLAs with it. Out of these, BJP has 102 seats, NCP (Ajit Pawar) has 40, Shiv Sena (Shinde) has 38 and other parties have 24.

The Maha Vikas Aghadi (MVA) has 69 seats in its kitty. Out of these, Congress has 37, Shiv Sena (UBT) has 16, NCP (Sharad Pawar) has 12 while other parties have six seats. Fifteen seats are vacant.

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