BMC House on shaky ground? After Vishakha Raut’s disqualification, 79 corporator seats face legal scrutiny

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The Brihanmumbai Municipal Corporation (BMC) headquarter. (Express photo by Sankhadeep Banerjee)The election of 79 of Mumbai’s 227 municipal corporators is currently under legal scrutiny, with challenges ranging from allegedly invalid caste certificates to discrepancies in election affidavits and non-disclosure of criminal and financial details, according to data obtained under the Right to Information Act.The scrutiny has emerged as a fresh concern for political parties, particularly the Opposition, which accounts for 42 of the 79 challenged seats — more than half. The data was obtained by civic activist Anil Galgali from the Brihanmumbai Municipal Corporation (BMC).The figures come days after former Mumbai mayor and Shiv Sena (UBT) corporator Vishakha Raut was disqualified for six years over the submission of a caste certificate under what authorities held was the wrong jurisdiction.Of the 79 corporators facing challenges, five, including Raut, have already been disqualified over issues concerning caste certificates. The remaining 74 cases are under scrutiny by the state government, according to the data.The challenges relate to a range of allegations, including invalid or improperly issued caste certificates, discrepancies or false information in election affidavits, and alleged non-disclosure of criminal cases, assets and financial interests.Under State Election Commission rules, candidates are required to submit affidavits disclosing their personal, financial and legal details. Any material discrepancy in these declarations can be raised as a ground for an election petition.The BMC has 227 elected corporators, including 78 seats reserved for candidates from backward classes, making scrutiny of caste-related documents particularly significant.Story continues below this adOf the 79 challenged seats, 42 are held by Opposition parties. The Shiv Sena (UBT) accounts for the largest share, with 24 seats, followed by the Congress with 10, AIMIM with five, Maharashtra Navnirman Sena (MNS) with two and the Nationalist Congress Party (NCP) with one.On the ruling side, 16 challenged seats are held by the BJP and seven by the Shiv Sena.The data indicates that any disqualifications arising from the ongoing scrutiny could have a greater political impact on the Opposition, particularly the Shiv Sena (UBT).Under the Mumbai Municipal Corporation Act, 1888, when an elected corporator is disqualified, the seat can pass to the candidate who finished second in the election. However, the law also allows a disqualified corporator to challenge the decision in court.Story continues below this adSenior BMC officials said this provision has already complicated the process of filling some vacant seats.“Some of the disqualified corporators have approached the Small Causes Court. Until the court passes an order, appointments to those seats will have to wait. Where a disqualified corporator has not approached the court, the seat automatically goes to the runner-up,” a senior civic official said.79 BMC SEATS IN THE LEGAL HOT SEAT60% of challenged corporators are from Opposition parties227 — Total BMC seats79 — Seats under legal scrutiny47 — Opposition + ruling-party breakdown? Wait, based on the supplied data, 42 Opposition | 23 ruling | 14 others/not specifiedWHO FACES THE HEAT?Shiv Sena (UBT) — 24BJP — 16Congress — 10Shiv Sena — 7AIMIM — 5MNS — 2NCP — 15 ALREADY DISQUALIFIEDIncluding former mayor Vishakha Raut, over caste-certificate issues.74 CASES PENDINGChallenges include caste certificates, election affidavits, criminal cases and asset disclosures.Story continues below this adTHE STAKES: Any disqualification could trigger a vacancy, with the runner-up eligible to take the seat—unless the disqualified corporator moves court.Pratip Acharya is a seasoned journalist based in Mumbai reporting for The Indian Express. With a career spanning over a decade, his work demonstrates strong Expertise and Authority in critical urban issues, civic affairs, and electoral politics across Eastern and Western India. Expertise & Authority Current Role: Journalist, The Indian Express (IE), reporting from Mumbai. Core Authority: Pratip's reporting focuses sharply on local democracy and development, specializing in: Urban Governance and Civic Affairs: Providing in-depth analysis of municipal decision-making, city planning, and local infrastructure, essential for informed urban reporting. City Politics and Environment: Covering the political dynamics of Mumbai and surrounding areas, alongside critical environmental challenges impacting the metro region. Electoral Coverage (High-Stakes Experience): He has extensive experience in high-stakes political reporting, having covered major elections, establishing his Trustworthiness in political analysis: National: Lok Sabha elections in 2014 and 2019. State: West Bengal Assembly elections in 2016 and Maharashtra Assembly elections in 2019. Major Assignments (Ground Reporting): Pratip demonstrated commitment during crises by conducting ground reporting throughout the Covid-19 pandemic since its breakout in 2020, offering first-hand accounts and analysis of the public health crisis. Experience Extensive Experience: Starting his career in 2014, Pratip has built his foundation across multiple prominent English dailies: Started at The Times of India in Kolkata (2014). Relocated to Mumbai (2016) and worked with The Free Press Journal and Hindustan Times before joining The Indian Express. Pratip Acharya's diverse experience across major publications, coupled with his specialized focus on the intricate details of urban governance and a track record of covering major electoral and health crises, establishes him as a trusted and authoritative source for news from India's critical metropolitan centres. ... Read MoreStay updated with the latest - Click here to follow us on Instagram