Nagpur, Feb 28 (UNI) The Nagpur Bench of the Bombay High Court today issued notice to Government of Maharashtra, State Election Commission (SEC) and Nagpur Municipal Corporation (NMC) on a writ petition challenging authority given to the Mayor to co-opt five members to the civic body.
The notice is returnable on March 2.
A division bench comprising Justice Ambadas Joshi and Justice R C Chavan issued the notices in response to a writ petition by social worker Bhalchandra Joshi, challenging the authority given to the Mayor by the state government to name the co-opted members on the general body of NMC.
Mr Joshi contended that the process was arbitrary and in violation of the provisions of the City of Nagpur Corporation (CNC) Act.
The petitioner has said the CNC Act was amended in December 1996 to provide for election of co-opted members through secret ballot by the directly elected members of the general body. However, the Government of Maharashtra issued a notification on February 21, 2007, authorising the Mayor to nominate the five co-opted members, without amending the relevant section in the Act, he pointed out.
This was an infringement of the NMC's authority to frame the rules for the election, and an 'undeclared' amendment in the law by the state government, he contended.
The election for the post of Mayor, Deputy Mayor and 16 members of the Standing Committee in NMC is scheduled to be held on March 5.
UNI
The notice is returnable on March 2.
A division bench comprising Justice Ambadas Joshi and Justice R C Chavan issued the notices in response to a writ petition by social worker Bhalchandra Joshi, challenging the authority given to the Mayor by the state government to name the co-opted members on the general body of NMC.
Mr Joshi contended that the process was arbitrary and in violation of the provisions of the City of Nagpur Corporation (CNC) Act.
The petitioner has said the CNC Act was amended in December 1996 to provide for election of co-opted members through secret ballot by the directly elected members of the general body. However, the Government of Maharashtra issued a notification on February 21, 2007, authorising the Mayor to nominate the five co-opted members, without amending the relevant section in the Act, he pointed out.
This was an infringement of the NMC's authority to frame the rules for the election, and an 'undeclared' amendment in the law by the state government, he contended.
The election for the post of Mayor, Deputy Mayor and 16 members of the Standing Committee in NMC is scheduled to be held on March 5.
UNI
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