The electoral process for the Chandrapur Municipal Corporation (CMC) has been plunged into legal uncertainty just days after the election schedule was announced. A formal legal notice issued by a former corporator alleges that the ward-wise reservation structure violates the Supreme Court's mandated 50% ceiling, raising the spectre of post-election litigation and potential annulment of results.
Legal Notice Alleges Constitutional Breach
The notice has been served by Vaishali Tonge on behalf of former corporator Sanjay Vaidya. It contends that the combined reservation for Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBC) in the CMC polls stands at approximately 53%. This figure, the notice argues, exceeds the constitutional ceiling established by the Supreme Court of India. Vaidya, a permanent resident of Chandrapur who has previously contested and won municipal elections from the OBC category, plans to contest again from Jatpura Ward No. 7(B), which is reserved for OBC (male).
Risk of Post-Election Annulment and Hardship
The notice warns that proceeding with the elections based on what it terms an 'excessive' reservation structure could expose the entire electoral exercise to legal challenge. It states that if the polls are held without rectifying this alleged anomaly, they could later be challenged through complaints or writ petitions. Such challenges might be filed independently or linked to matters already pending before the Supreme Court.
The consequences, as outlined in the notice, could be severe for candidates. Those elected from reserved wards could face "serious physical, mental and financial hardship." The notice emphasises that the time, money, and political capital invested by candidates would be irreversibly lost if the elections are subsequently set aside or reservations are reworked after polling.
Election Officer's Stance and Call for Revision
In response to the brewing controversy, Chandrapur Municipal Commissioner and Election Officer Akunuri Naresh had earlier clarified the civic body's position. At a press conference, he stated that while the reservation in the CMC has indeed crossed the 50% ceiling, the reservation process was carried out strictly according to directions issued by the State Election Commission. He added that the matter would ultimately be subject to the final verdict of the court.
However, the legal notice urges the Election Officer to proactively consult the Election Commission and revise the ward reservations to strictly align with the 50% ceiling. This step, it argues, is necessary to avoid prejudice to candidates and to safeguard the integrity and finality of the electoral process for Chandrapur.
