HC admits MSEC's petition for final hearing on Nov 16

Mumbai, Oct 6 (UNI) The Bombay High Court today admitted a petition filed by the Maharashtra State Election Commissioner (MSEC), challenging some of the provisions in the election laws.

A division bench, comprising Justices F I Rebeillo and A S Mohta, was told that these rules had restricted the powers of the Election Commissioner.

While the final hearing in the matter will commence from November 16, it challenges various provisions of the Mumbai Municipal Corporation Act 1988, Bombay Provincial Municipal Corporation Act 1949, City of Nagpur Corporation Act 1948, Maharashtra Zilla Parishad and Panchayat Samitis Act 1961, Bombay Village Panchayat Act 1958, Maharashtra Councils and Nagar Panchayat and Industrial Township Act 1965.

State Election Commissioner Nand Lal, in the petition, submitted that according to the 73rd amendment to the Constitution, the elections to the posts of presiding officers of local self government bodies comes under the purview of his office and not the state government as allowed under the provisions of the said Acts.

While the election to the local self government bodies is conducted by the election commissioner, election of the presiding officers is conducted by the state government.

After the 73rd amendment, all the state legislatures were supposed to ammend the election laws in accordance, but the same has not yet been done by Maharashtra.

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