Notice to Government Over Amending KMC Act
The Government served notice regarding KMC Amendment by a Division bench chaired by the Chief Justice D H Waghela
Recently, a PIL was filed in the Karnataka High Court challenging the insertion of MLAs, MPs, MLCs and Zilla Panchayat Presidents in the MPC or Metropolitan Planning Committee claims to be unconstitutional. After hearing the case, the court decided to issue a notice to the government. This decision was taken by a Division bench chaired by the Chief Justice D H Waghela.
In this PIL, certain amended provisions of KMC Act 1976 were challenged wherein MPC members are allowed to be accommodated in the MPC which is a constitutional body.
On Tuesday, the Government of West Bengal brings about the amendments in the laws pertaining to KMC or Kolkata Municipal Corporation giving the borough committee chairpersons of KMC a tenure of five years. This resulted in diminishing the powers of the mayor. Till now, every year, the fifteen borough chairpersons were elected in Kolkata and they were allowed to resign only if the mayor accepted their resignation. With amendments in KMC Act 1976, it has become simpler to remove a borough chairperson if the majority of borough councillors votes in a special meeting against them.
According to Firhad Hakim, the Urban Development Minister, the annual elections was just a logistical nightmare. He said that the borough committee chairpersons election held every year wasted minimum two months time leaving very little time for doing any work. If the tenure of the elected office bearers and mayor can be five years, the law can also allow other borough chairpersons to stay elected for five years. The need of the hour is to bring consistency in the laws.
Responding to a question pertaining to the removal of the chairpersons, the minister further stated that it is very much similar to the statues through which a mayor is removed. This exercise is not known as no-confidence motion. It is done by calling a special meeting which can be called by just 1/3 rd councillors where they can bring a vote against the chairperson of the borough. In case the chairperson gets the majority, such a motion can be brought again after six months. The notice has been issued by the Court against the KMC Amendment.
D H Waghela, Karnataka High Court, KMC Act 1976, Metropolitan Planning Committee, PIL, Zilla Panchayat Presidents
