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

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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.

Maharashtra

Maharashtra Assembly Elections 2024: Congress Alleges Discrepancies In EVM Numbers In Mira Bhayandar

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Questioning the sanctity of the election process and accuracy of election results which are to be declared on counting day scheduled on Saturday (23, November), the Congress party has alleged discrepancies in the number of votes polled at various booths in the Mira Bhayandar (145) assembly constituency.

In his letter to the returning officer, Congress leader-Anil Sawant who was the election representative of MVA candidate- Muzaffar Hussain pointed out mismatch of 386 additional votes between the data in form 17-C and figures generated by the electronic voting machines (EVM), even as clarity eludes actual figures at some of the other booths.

Seeking an official explanation from the returning officer, Sawant has also alleged that the mock drill votes were also included in the polling figures. According to the figures released by the returning officer, the constituency recorded a voter turnout of 51.75 percent as 2,64,534 out of the 5,10,862 voters exercised their franchise.

However, form 17C shows a count of 51.67 percent which translates into a difference of 0.08 percent (386 votes) on the higher side. Moreover, the complainant has also raised a serious question mark on the delay in publication of the figures of the postal ballots.

While form 17A is used to record the details of every voter who comes into a polling booth and casts his/her vote, form 17C is an account of all the votes recorded. Under Rule 49S(2) of the Conduct of Elections Rules-1961, a presiding officer is mandated to furnish a copy of the entries made in form 17C to the polling agents of the candidates at the close of polling.

7C is crucial as the voter turnout data in this form can be used to legally challenge an election result. The Congress party is expected to take an aggressive stand if the anomalies are not rectified before the counting process.

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Maharashtra

Ex-NCB Officer Sameer Wankhede Moves Bombay HC Seeking CBI Probe Against NCP Leader Nawab Malik

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Ex-NCB Officer Sameer Wankhede Moves Bombay HC Seeking CBI Probe Against NCP Leader Nawab Malik

Mumbai: IRS officer Sameer Wankhede has moved the Bombay High Court, seeking a Central Bureau of Investigation (CBI) or court-monitored probe into an FIR he filed in 2022 against former state minister and NCP leader Nawab Malik under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act. Wankhede, an Additional Commissioner in the Directorate General of Taxpayer Services (DGTS) and a member of the Mahar Scheduled Caste, alleges that the police’s inaction in the matter has caused him and his family significant mental distress and humiliation.

On August 14, 2022, Wankhede filed an FIR with the Goregaon police station against Malik. Malik has neither been arrested in the case, nor has the chargesheet been filed in the case till date. 

Former NCB zonal officer, who shot to fame after arresting actor Shah Rukh Khan son, Aryan Khan, in the 2021 Cordelia Cruise drug bust case, had also arrested Malik’s son-in-law Sameer Khan. 

Wankhede has alleged that after Sameer Khan’s arrest, Malik launched a sustained campaign to defame and humiliate him and his family on social media and television, targeting their caste and questioning the authenticity of Wankhede’s caste certificate. 

The officer had earlier filed a complaint with the Scheduled Caste Commission in October 2021, seeking action against Malik. 

Despite a restraining order issued by the High Court in a separate defamation suit prohibiting Malik from making defamatory remarks, Wankhede claims Malik continued to violate the order, including questioning the validity of his caste certificate as recently as on October 27, 2024. 

A caste scrutiny committee has since upheld the authenticity of Wankhede’s certificate in a detailed 91-page report.

Malik Influenced State Police To Delay Probe: Sameer Wankhede

Wankhede alleges that Malik has influenced the state police to delay the investigation. He points out that critical provisions under the SC/ST Act have yet to be added to the FIR despite multiple reminders to the Goregaon police. “Respondent No. 2 (Malik), with his muscle power, influence and money power is controlling the state police machinery and continues to commit further offence, this can be overtly witnessed as how the Accused (Malik) is openly giving interviews to various media platforms and us wandering freely and yet no arrest is affected despite being no protective order,” the petition, filed through advocate Sana Khan,  read.

Wankhede seeks the court’s direction to transfer the investigation to an independent agency or the CBI, ensure the addition of necessary provisions under the SC/ST Act, and order the submission of a detailed report on the investigation’s progress.

Wankhede has also highlighted a similar FIR filed by his cousin, Sanjay Wankhede, which has faced the same lack of action. He contends Malik’s actions are politically motivated, aimed at influencing voters before elections.

The petition is likely to come up for hearing on November 28. 

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Maharashtra

Maharashtra Assembly Elections 2024: Mumbai Sees Marginal Rise In Voter Turnout, Suburbs Lead At 56.39%, City At 52.65%

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The voter turnout figures released on Thursday by the BMC indicated a low turnout in the city during the November 20 assembly election. In Mumbai city district, voter participation stood at 52.65%, while the suburban district saw a slightly higher turnout of 56.39%; both figures are marginally higher than 2019.

In Mumbai city, which covers 10 constituencies, there are a total of 25,43,610 registered voters. Of these, 13,39,299 cast their ballots. The male voter turnout was 52%, with 7,10,174 out of 13,65,904 male voters participating. Female voters turnout was lower at 53%, with 6,29,049 women out of 11,77,462 voting. Additionally, 76 voters from the “other” category cast their ballots out of 244 eligible voters.

The lowest voter turnout in Mumbai city was recorded in Colaba, with just 44.44%. Other areas with low turnout included Mumbadevi (48.76%), Dharavi (50.03%), Malabar Hill (52.53%), and Byculla (53.02%). In contrast, Mahim saw the highest voter participation at 59.01%, followed by Wadala (57.67%), Shivadi (55.52%), Sion Koliwada (53.56%), and Worli (53.53%).

In Mumbai suburban, which encompasses 26 constituencies, the voter turnout reached 56.39%. There are 76,86,098 registered voters in this district, with 43,34,513 casting their votes. Among male voters, 57% participated 23,58,589 out of 41,01,457, while 57% of female voters also voted 20,33,654 out of 35,83,803. Additionally, 270 people from the ‘other’ category voted out of 838 eligible individuals.

The lowest voter turnout in the suburban district was seen in constituencies such as Vandre West (51.36%), Versova (51.44%), Mankhurd Shivaji Nagar (52.14%), Kalina (52.68%), and Chandivali (52.97%). On the other hand, the highest turnout was recorded in constituencies like Bhandup West (62.88%), Borivali (62.32%), Mulund (61.42%), Ghatkopar West (59.99%), and Ghatkopar East (59.58%).

Several constituencies in Mumbai witnessed a significant rise in voter participation compared to the 2019 assembly elections. In Andheri West, the voting percentage jumped from 43.52% in 2019 to 53.67% in 2024; a rise of over 10%. Versova’s turnout rose from 42.38% in 2019 to 51.44% this year, while Mulund saw an increase from 53.81% to 61.42%. Vandre West’s turnout also grew substantially from 44% to 51.36%, with a similar trend in Goregaon (from 46.44% in 2019 to 55.61% this year) and Shivadi’s 49.33% in 2019 to 55% in 2024.

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