VVMC- Observations on GR & High court judgement

I have gone through the High court order & also preliminary notification of Government of Maharashtra to exclude 35 villages from VVMC. Following are my observations & personal opinions,
High court order has clearly stated that ‘As of now, there is neither an elected body of the Corporation which has come into existence in July 2009, nor the Administrator can legitimately continue to look after the affairs of the Corporation. In this situation, the State Election Commission is duty bound to ensure that the election of the members of the First General Body of the Corporation is completed at the earliest opportunity.
Also it is fact that notification issued by state government on 5th April 2010 is preliminary on which objections are invited till 6th may 2010. High court order has clearly states that “the final date of inviting such objections will be one month from the date of issuance of the preliminary Notification. Thereafter, the objections will be duly considered by the Appropriate Authority and decision thereon will be taken not later than four weeks from the last date of submission of suggestions and objections. Recommendation of the Appropriate Authority will be then placed before the Registrar General of Census of India and also forwarded to the Corporation to comply with the process of consultation. After completing the entire process required for issuance of final Notification for exclusion of certain Gram Sabha areas from the Corporation limits, the final Notification in that behalf will be issued in due course”. Further to that court says” We hope and trust that as soon as the recommendation of the Appropriate Authority is received by the Registrar General of Census of India, he may consider the same and his decision shall be communicated to the Appropriate Authority of the State Government preferably four weeks from the date of receipt of such proposal”.
It is our people’s assumption & belief that state notification issued is final & VVMC election will be for 4 Nagarparishads & remaining 18 villages under dispute.
Even state government/Election commission wish to keep our villages away from election process it is not possible because High court order has clearly stated that “the process of election and exclusion of certain Gram Sabha areas from the Corporation limits should be dealt with by the concerned Authorities as mutually exclusive processes”. Also court added “the fact that the final Notification may be issued after the election process is completed will make no difference to the said decision. Even after the Corporation is constituted, areas which are already part of the Corporation limits can always be excluded by following due process of law. That process can begin during the election process is in progress and continue simultaneously. These two matters cannot be interlinked so as to delay the constitution of the Corporation”.
Bhau has already briefed villagers about the same at the time of Rasta Roko speech. Now we all need to take our villagers in full confidence about GR & High court order. This is high court judgement & Goverment/Election commission need to obey the same.
As advised by our MLA Vivekbhau Pandit we need to prepare our people to face upcoming elections because boycotting elections means giving oppositions easy chance to win.
I have discussed this matter with Adv. Anil D'souza & he is of opinion to file PIL or go to Supreme Court to postpone the election process completely or partially. Also Mr.John Colaso has written nice article in yesterday's MATA with similar cases in JALGAON muncipal corporation & subsequent supremne court judgement. I came to know that VJAS is taking more information from Mr.John Colaso & are in touch with top advocates of supreme court.


Regards
Sachin Mendes