Lok Satta takes BJP, Shiv Sena, Congress and NCP to Mumbai High Court. Files PIL's for far reaching URBAN Governance reforms deflected so far due to vested political economy interests
Surendra Srivastava
Loksatta Communication
This Petition is founded on the 74th Constitutional Amendment; and for its enforcement in letter and spirit. The fundamental philosophy reflected in the aforesaid amendment was, and is, de-centralization of power and empowering citizens through participation in local self-governance. The “Legislature” having discharged this onus by amending the Constitution for enabling functioning of true democracy; the “State’s Executive” has failed and or neglected to carry out faithfully the intent of the amendment by giving lip service to the amendments so that there is neither de-centralization, nor empowerment of people; with the result that the Petitioner is compelled to approach the “Judiciary” with a prayer for issuing an appropriate Writ, Order or Direction to the “Executive” at the National and State Level for exercising its authority and power for giving effect to the 74th Amendment. Failure to exercise jurisdiction vested in “State” or an Authority, which is “State” for the purpose of Article 12, warrants use of Extra Ordinary Powers vested in this Hon’ble Court, and the present Petition is made in that hope.
80% to 85% quality of life of citizens in urban India depends on the quality of services provided by municipal authorities’ i.e Respondent No. 3 in Mumbai. The local bodies are not ready and have shown marked unwillingness to provide efficient services on account of a variety of reasons, including the failure to hold regular elections, prolonged supersession’s, unaccountable/non-transparent system & processes, deployment/creation of multiple agencies in having overlapping functions, state government’s interference and inadequate devolution of funds etc. As a result, Urban Local Body has failed to perform effectively as vibrant democratic units of governance including local self-governance. The Petitioners are filing the present Public Interest Litigation ensuring correct and proper interpretation and implementation of the 74th Constitution Amendment not only in letter but also in its spirit due to complete failure and or neglect shown by Respondent Nos. 2 and 3 also in giving effect to the mandatory provisions for Community Participation as per Model Nagar Raj bill under JNURM, while framing Sections 50 TT, 50 TU, 50 TV, 50 TW, 50 TX of the Mumbai Municipal Corporation Act, 1888 and to reconstitute the Ward Committees not only in letter but also in spirit of the 74th Constitutional Amendment Act, 1992 in the City of Mumbai.
Surendra Srivastava
Base Unit-4, Bycula Service Industries Premises,
Dadoji Konddeo Rd, Bycula (East) Mumbai 400027