Assembly bypoll: HC asks BMC to simply accept resignation of Team Uddhav’s candidate
By PTI
MUMBAI: The Bombay High Court on Thursday directed the Mumbai civic physique to simply accept the resignation of Rutuja Latke, paving the way in which for her to file nomination for the Andheri (East) byelection because the candidate of the Shiv Sena faction led by Uddhav Thackeray.
The final date for submitting nominations is October 14.
Latke had on September 2 submitted a letter to the Brihanmumbai Municipal Corporation (BMC), with which she was employed as a clerk since 2006, requesting that it chill out sure service situations in order that she will be able to contest the November 3 byelection.
After the BMC rejected her request on September 29, Latke on October 2 submitted her resignation.
But the BMC didn’t take any choice.
She then moved the court docket alleging that the company was delaying its choice intentionally in order to cease her from contesting the election.
As per the Election Commission’s guidelines, a authorities worker cannot file nomination to contest an election till her or his resignation is accepted.
A division bench of Justices Nitin Jamdar and Sharmila Deshmukh on Thursday stated the use or non-use of discretion by the BMC commissioner on this case was “arbitrary and malafide (done in bad faith)”.
“The municipal commissioner has the discretionary power to accept the resignation and waive the notice period. According to us, discretion is to be used for bonafide purposes. The use or non-use of discretion, in this case, is arbitrary and malafide,” the court docket stated.
The bench requested the involved BMC official to simply accept the resignation and situation applicable letter by 11 am on Friday.
“She is your employee. You should be helping her out. If an employee wants to resign and contest elections what is the difficulty? The petitioner is a clerk. Why is the municipal commissioner not using his discretion and taking a decision?” Justice Jamdar stated.
“It is a clerk who wants to resign, just say yes or no. Don’t give it so much importance. Don’t burden us, we already have many matters pending,” the court docket added.
The bench additionally requested the municipal physique to file an affidavit and adjourned the matter to October 20.
This dispute mustn’t have landed within the court docket within the first place because it was simply an “employer-employee dispute”, the judges remarked.
Earlier, the HC had requested the BMC’s counsel Anil Sakhare to tell if the company was prepared to take a choice on the resignation.
After taking directions from the BMC, Sakhare stated the civic physique couldn’t take rapid choice because it had obtained a grievance accusing Latke of corruption, bribery and “liaison.”
“We will have to enquire into this complaint and only then we can take a decision,” the lawyer stated.
But the court docket famous that this grievance was filed on October 12, solely a day earlier.
Latke’s lawyer Vishwajeet Sawant questioned the intentions behind the submitting of the grievance.
“The BMC is not supposed to be partisan and take political sides. But they are now doing exactly the same,” advocate Sawant stated.
Latke had no pending dues nor was she going through any enquiry, and within the regular course her resignation would have been accepted by the Joint Commissioner, he stated.
Due to political circumstances it was pending for choice by the commissioner, he claimed.
Latke’s petition alleged that the delay within the acceptance of her resignation gave the impression to be deliberate in order to forestall her from contesting the byelection.
The election in suburban Mumbai was necessitated by the demise of Latke’s husband and sitting Shiv Sena MLA Ramesh Latke.
She additionally stated that she is going to contest the bypoll with the ‘mashaal’ (flaming torch) image.
The petition didn’t point out the political occasion however the image had been granted to the Thackeray-led Sena.
The Andheri (East) byelection is the primary electoral take a look at of the Shiv Sena faction led by Uddhav Thackeray after the occasion cut up in June.
It can even be the primary election it would contest on its new image.
The Congress and Nationalist Congress Party, the opposite two members of the Maha Vikas Aghadi coalition, have pledged help to the ‘Shiv Sena Uddhav Balasaheb Thackeray’ occasion.
The BJP is prone to area Murji Patel.
Its ally, the `Balasahebanchi Shiv Sena’, the splinter faction of the Sena led by Maharashtra Chief Minister Eknath Shinde, has not made its stand clear but.
Speaking to reporters outdoors the court docket, Latke welcomed the choice and stated she had obtained justice.
She can be combating for the Uddhav Thackeray-led Shiv Sena, she stated.
MUMBAI: The Bombay High Court on Thursday directed the Mumbai civic physique to simply accept the resignation of Rutuja Latke, paving the way in which for her to file nomination for the Andheri (East) byelection because the candidate of the Shiv Sena faction led by Uddhav Thackeray.
The final date for submitting nominations is October 14.
Latke had on September 2 submitted a letter to the Brihanmumbai Municipal Corporation (BMC), with which she was employed as a clerk since 2006, requesting that it chill out sure service situations in order that she will be able to contest the November 3 byelection.
After the BMC rejected her request on September 29, Latke on October 2 submitted her resignation.
But the BMC didn’t take any choice.
She then moved the court docket alleging that the company was delaying its choice intentionally in order to cease her from contesting the election.
As per the Election Commission’s guidelines, a authorities worker cannot file nomination to contest an election till her or his resignation is accepted.
A division bench of Justices Nitin Jamdar and Sharmila Deshmukh on Thursday stated the use or non-use of discretion by the BMC commissioner on this case was “arbitrary and malafide (done in bad faith)”.
“The municipal commissioner has the discretionary power to accept the resignation and waive the notice period. According to us, discretion is to be used for bonafide purposes. The use or non-use of discretion, in this case, is arbitrary and malafide,” the court docket stated.
The bench requested the involved BMC official to simply accept the resignation and situation applicable letter by 11 am on Friday.
“She is your employee. You should be helping her out. If an employee wants to resign and contest elections what is the difficulty? The petitioner is a clerk. Why is the municipal commissioner not using his discretion and taking a decision?” Justice Jamdar stated.
“It is a clerk who wants to resign, just say yes or no. Don’t give it so much importance. Don’t burden us, we already have many matters pending,” the court docket added.
The bench additionally requested the municipal physique to file an affidavit and adjourned the matter to October 20.
This dispute mustn’t have landed within the court docket within the first place because it was simply an “employer-employee dispute”, the judges remarked.
Earlier, the HC had requested the BMC’s counsel Anil Sakhare to tell if the company was prepared to take a choice on the resignation.
After taking directions from the BMC, Sakhare stated the civic physique couldn’t take rapid choice because it had obtained a grievance accusing Latke of corruption, bribery and “liaison.”
“We will have to enquire into this complaint and only then we can take a decision,” the lawyer stated.
But the court docket famous that this grievance was filed on October 12, solely a day earlier.
Latke’s lawyer Vishwajeet Sawant questioned the intentions behind the submitting of the grievance.
“The BMC is not supposed to be partisan and take political sides. But they are now doing exactly the same,” advocate Sawant stated.
Latke had no pending dues nor was she going through any enquiry, and within the regular course her resignation would have been accepted by the Joint Commissioner, he stated.
Due to political circumstances it was pending for choice by the commissioner, he claimed.
Latke’s petition alleged that the delay within the acceptance of her resignation gave the impression to be deliberate in order to forestall her from contesting the byelection.
The election in suburban Mumbai was necessitated by the demise of Latke’s husband and sitting Shiv Sena MLA Ramesh Latke.
She additionally stated that she is going to contest the bypoll with the ‘mashaal’ (flaming torch) image.
The petition didn’t point out the political occasion however the image had been granted to the Thackeray-led Sena.
The Andheri (East) byelection is the primary electoral take a look at of the Shiv Sena faction led by Uddhav Thackeray after the occasion cut up in June.
It can even be the primary election it would contest on its new image.
The Congress and Nationalist Congress Party, the opposite two members of the Maha Vikas Aghadi coalition, have pledged help to the ‘Shiv Sena Uddhav Balasaheb Thackeray’ occasion.
The BJP is prone to area Murji Patel.
Its ally, the `Balasahebanchi Shiv Sena’, the splinter faction of the Sena led by Maharashtra Chief Minister Eknath Shinde, has not made its stand clear but.
Speaking to reporters outdoors the court docket, Latke welcomed the choice and stated she had obtained justice.
She can be combating for the Uddhav Thackeray-led Shiv Sena, she stated.
