Mumbai's municipal commissioner, Bhushan Gagrani, has submitted a critical report on a controversy surrounding the filing of nominations for the upcoming Brihanmumbai Municipal Corporation (BMC) elections in Colaba. The report addresses complaints from the Aam Aadmi Party (AAP) and the Janata Dal, who alleged their candidates were unfairly prevented from submitting their papers.
The Core of the Controversy: A Deadline Dispute
The dispute centers on the actions of Returning Officer (RO) Krishna Jadhav on December 30, the final day for filing nominations for Ward Nos. 225, 226, and 227. The two opposition parties claimed their candidates, despite having received tokens and being present on the RO's office premises before the 5 pm deadline, were not allowed to file their forms.
RO Jadhav's defense hinged on a strict interpretation of the rules. He contended that candidates needed to be inside his specific cabin by the 5 pm cutoff, not just within the broader office complex. He stated that multiple announcements were made to this effect during the nomination process.
Commissioner's Report: Legally Right, Administratively Wrong
In his findings, Municipal Commissioner Bhushan Gagrani presented a nuanced view. His report acknowledged that Jadhav's actions were legally sound based on the letter of the election rules. However, it pointedly noted that the officer should have been more careful and more prudent on the administrative front.
The report highlighted that since the candidates had been given tokens and were present on the office premises, Jadhav should have been administratively careful. This observation suggests Gagrani disagreed with the RO's rigid approach, even while conceding its technical legality. The report draws a parallel to the established practice on voting day, where tokens are issued to voters in queue near closing time, guaranteeing them the right to vote.
Political Allegations and Rebuttals
The complaint by AAP and Janata Dal carried serious political accusations. They alleged that RO Jadhav was acting at the behest of Maharashtra Assembly Speaker Rahul Narwekar, a BJP MLA from Colaba. They pointed out that Narwekar was present at the RO's office during the nomination filing and that three of his relatives are contesting the BMC election.
While the Janata Dal later withdrew its complaint, various opposition parties have accused Speaker Rahul Narwekar of violating the model code of conduct and interfering in the electoral process. Narwekar has dismissed all charges as baseless and politically motivated.
The ball is now in the court of the State Election Commission (SEC), which is yet to respond to Commissioner Gagrani's report. The outcome will be closely watched as it sets a precedent for administrative conduct in the high-stakes BMC polls.
