The court emphasized the importance of mandatory averments and disclosures in Public Interest Litigation and found the PIL Petition to be politically motivated.

JUDGMENT

A.A. Sayed, J. - Arguments in the above PIL Petition were heard on 15 February 2022. It is placed for orders today.

2. The PIL Petition is filed by the Petitioners seeking the following relief:

(a) That this Hon'ble Court exercising power under Article 226 of the Constitution of India, 1950 be pleased to issue writ mandamus, and or any other appropriate writ, order, quashing and setting aside Notification No. SEC/MMC-2021/ Pr.Kr.22/Ka-5 dated 27.01.2022 as published in the Official Gazette on 01.02.2022 (Exhibit A) by holding the same as illegal, null, void, preposterous, bad-in-law.

3. The Petitioner No. 1 is a businessman and a member of Bhartiya Janta Party. The Petitioner No. 2 is a practicing Advocate and a member of Maharashtra Navnirman Sena. It is the case of the Petitioners that they learnt about the draft Notification dated 27.01.2022 after reading the advertisement published by the Municipal Corporation of Greater Mumbai (hereinafter referred to as "Corporation") in the daily newspaper on 01.02.2022. By this advertisement the Municipal Commissioner of the Corporation invited objections or suggestions on or before 14.02.2022 on the draft Notification under sections 5 and 18A of the Mumbai Municipal Corporation Act, 1888 (hereinafter referred to as "the MMC Act") to fix the number and the extent of the wards into which the municipal area of the Corporation shall be divided as shown in the Schedule thereto.

4. The Advertisement published containing the draft Notification reads as follows:

"BRIHANMUMBAI MUNICIPAL CORPORATION NOTIFICATION

No. ?????/ ???? 2021/ ???.???. 22/ ?? -5 dated 27th January 2022.- The State Election Commissioner, Maharashtra proposes to make the following Draft Notification under section 5 and Section 18A of the Mumbai Municipal Corporation Act. (Bom. III of 1889) (hereinafter referred to as the "said Act") to fix for the Brihanmumbai Municipal Corporation, the number and the extent of the wards into which the said municipal area shall be divided, as shown in the Schedule to this Draft order.2. And whereas the said Draft Order is hereby published as required by the section 19 (1) (a) of the said Act for information of all the residents within the jurisdiction of the Brihan mumbai Municipal Corporation. And Whereas, vide order No.SEC/MNC-2014/CR-26/D-5, dated 06.02.2015 the State Election Commission, Maharashtra, has conferred its rights to Municipal Commissioner, Brihanmumbai Municipal Corporation to publish the draft in the Official Gazette. Accordingly this Draft Notification is being published and the said draft will be taken into consideration by the State Election Commissioner, Maharashtra or the officer authorized by him for this purpose after dated 1st February 2022.

3. And whereas, all persons who desire to raise any objections or suggestions to this draft should submit the same to the Municipal Commissioner, Brihanmumbai Municipal Corporation, in writing with reasons on or before dated 14th February 2022. Objections or suggestions received thereafter will not be considered.

Draft Notification

WHEREAS, The State Election Commissioner, Maharashtra has specified for Brihanmumbai Municipal Corporation, under Section 5 of the Mumbai Municipal Corporations Act, the number of Councilors to be elected is 236.

2. Now, therefore, in exercise of section 5 and Section 18A of the Mumbai Municipal Corporation Act, The State Election Commissioner, Maharashtra State hereby fix the number and extent of the wards into which the said Municipal Corporation area shall be divided as shown in the schedule to this Notification.

3. This Notification shall take effect for the purpose of the next general election held immediately following the date of this Notification.

SCHEDULE