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By:

Quaid Najmi

4 January 2025 at 3:26:24 pm

Seventy-six mayors ruled BMC since 1931

After four years, Mumbai to salute its first citizen Kishori Pednekar Vishwanath Mahadeshwar Snehal Ambekar Sunil Prabhu Mumbai: As the date for appointing Mumbai’s First Citizen looms closer, various political parties have adopted tough posturing to foist their own person for the coveted post of Mayor – the ‘face’ of the country’s commercial capital. Ruling Mahayuti allies Bharatiya Janata Party (BJP) and Shiv Sena have vowed that the city...

Seventy-six mayors ruled BMC since 1931

After four years, Mumbai to salute its first citizen Kishori Pednekar Vishwanath Mahadeshwar Snehal Ambekar Sunil Prabhu Mumbai: As the date for appointing Mumbai’s First Citizen looms closer, various political parties have adopted tough posturing to foist their own person for the coveted post of Mayor – the ‘face’ of the country’s commercial capital. Ruling Mahayuti allies Bharatiya Janata Party (BJP) and Shiv Sena have vowed that the city will get a ‘Hindu Marathi’ person to head India’s richest civic body, while the Opposition Shiv Sena (UBT)-Maharashtra Navnirman Sena also harbour fond hopes of a miracle that could ensure their own person for the post. The Maharashtra Vikas Aghadi (MVA) optimism stems from expectations of possible political permutations-combinations that could develop with a realignment of forces as the Supreme Court is hearing the cases involving the Shiv Sena-Nationalist Congress Party this week. Catapulted as the largest single party, the BJP hopes to install a first ever party-man as Mayor, but that may not create history. Way back in 1982-1983, a BJP leader Dr. Prabhakar Pai had served in the top post in Mumbai (then Bombay). Incidentally, Dr. Pai hailed from Udupi district of Karnataka, and his appointment came barely a couple of years after the BJP was formed (1980), capping a distinguished career as a city father, said experts. Originally a Congressman, Dr. Pai later shifted to the Bharatiya Janata Party, then back to Congress briefly, founded the Janata Seva Sangh before immersing himself in social activities. Second Administrator The 2026 Mayoral elections have evoked huge interest not only among Mumbaikars but across the country as it comes after nearly four years since the BMC was governed by an Administrator. This was only the second time in the BMC history that an Administrator was named after April 1984-May 1985. On both occasions, there were election-related issues, the first time the elections got delayed for certain reasons and the second time the polling was put off owing to Ward delimitations and OBC quotas as the matter was pending in the courts. From 1931 till 2022, Mumbai has been lorded over by 76 Mayors, men and women, hailing from various regions, backgrounds, castes and communities. They included Hindus, Muslims, Christians, Parsis, Sikhs, even a Jew, etc., truly reflecting the cosmopolitan personality of the coastal city and India’s financial powerhouse. In 1931-1932, the Mayor was a Parsi, J. B. Boman Behram, and others from his community followed like Khurshed Framji Nariman (after whom Nariman Point is named), E. A. Bandukwala, Minoo Masani, B. N. Karanjia and other bigwigs. There were Muslims like Hoosenally Rahimtoola, Sultan M. Chinoy, the legendary Yusuf Meherally, Dr. A. U. Memon and others. The Christian community got a fair share of Mayors with Joseph A. D’Souza – who was Member of Constituent Assembly representing Bombay Province for writing-approving the Constitution of India, M. U. Mascarenhas, P. A. Dias, Simon C. Fernandes, J. Leon D’Souza, et al. A Jew Elijah Moses (1937-1938) and a Sikh M. H. Bedi (1983-1984), served as Mayors, but post-1985, for the past 40 years, nobody from any minority community occupied the august post. During the silver jubilee year of the post, Sulochana M. Modi became the first woman Mayor of Mumbai (1956), and later with tweaks in the rules, many women ruled in this post – Nirmala Samant-Prabhavalkar (1994-1995), Vishakha Raut (997-1998), Dr. Shubha Raul (March 2007-Nov. 2009), Shraddha Jadhav (Dec. 2009-March 2012), Snehal Ambedkar (Sep. 2014-March 2017). The last incumbent (before the Administrator) was a government nurse, Kishori Pednekar (Nov. 2019-March 2022) - who earned the sobriquet of ‘Florence Nightingale’ of Mumbai - as she flitted around in her full white uniform at the height of the Covid-19 Pandemic, earning the admiration of the citizens. Mumbai Mayor – high-profile post The Mumbai Mayor’s post is considered a crucial step in the political ladder and many went on to become MLAs, MPs, state-central ministers, a Lok Sabha Speaker, Chief Ministers and union ministers. The formidable S. K. Patil was Mayor (1949-1952) and later served in the union cabinets of PMs Jawaharlal Nehru, Lah Bahadur Shastri and Indira Gandhi; Dahyabhai V. Patel (1954-1955) was the son of India’s first Home Minister Sardar Vallabhbhai Patel; Manohar Joshi (1976-1977) became the CM of Maharashtra, later union minister and Speaker of Lok Sabha; Chhagan Bhujbal (1985-1986 – 1990-1991) became a Deputy CM.

Elections and the Constitution: A Voter’s Guide

Part 1: The Constitutional Foundations of India’s Election System

Part 15 of the Constitution of India contains detailed provisions regarding elections. Articles 324 to 329 contain provisions regarding elections to the Lok Sabha and state assemblies. Article 324 (1) vests all powers for the preparation of electoral rolls for the elections to both Houses of Parliament, both Houses of State Legislature, the President and the Vice-President, and for conducting such elections in the Central Election Commission.


Under Article 324(2), the Commission consists of a Chief Election Commissioner and such other Election Commissioners as may be appointed. Parliament has the authority to make laws governing these appointments. In exercise of this power, it enacted the Chief Election Commissioner and Election Commissioners (Appointment, Conditions of Service and Tenure) Act, 2023.


Earlier, in the case of Anup Baranwal v. Union of India, the Supreme Court directed the formation of a committee to select election commissioners. The committee comprised the Prime Minister, the Leader of the Opposition in the Lok Sabha, and the Chief Justice of India. Following this verdict, the Central Government enacted the 2023 law under Articles 324(2) and (5).


According to this act, a three-member selection committee was constituted. It includes the Prime Minister, the Leader of the Opposition in the Lok Sabha, and a Union Cabinet minister nominated by the Prime Minister. Based on the committee’s recommendations, the President appoints the Election Commissioners.


It is important to note that from 1950 until 2023, there was no law on the appointment of election commissioners. During this long period, the Chief Election Commissioner and other Commissioners were appointed at the discretion of the Central Government of the day.


According to Article 324(5), the Chief Election Commissioner can be removed only through impeachment. This may be done in exceptional circumstances and follows the same procedure and grounds as the removal of Supreme Court judges. The provision is intended to ensure the Chief Election Commissioner can perform duties independently. The same article also states that the other election commissioners cannot be removed except on the recommendation of the Chief Election Commissioner.


Article 324(6) places the responsibility of providing staff for the Election Commission’s work on the President and the Governor. The Commission has no permanent staff of its own and relies on employees from the Central and State Governments during elections.


Article 325 stipulates that each constituency must have an electoral roll and that no one shall be excluded from registration on the grounds of religion, caste, creed, or sex.


Article 326 establishes the principle of adult suffrage. Every Indian citizen aged 18 years or above is entitled to vote in elections to the Lok Sabha and State Legislative Assemblies, provided their name appears on the electoral roll. Parliament has the power to legislate on this subject.


Articles 327 and 328 empower Parliament and the State Legislature, respectively, to make laws governing elections to their Houses. These primarily deal with the preparation of electoral rolls, delimitation of constituencies, and related matters.


Article 329(a) provides that the validity of any law relating to the delimitation of constituencies cannot be challenged in any court. This is the only such provision in the Constitution that reflects the independence of the Election Commission. Although judicial review is part of the Constitution’s basic structure, the framers deliberately kept the courts away from this process.


Article 329(b) states that elections to Parliament and State Legislative Assemblies can be questioned only through an election petition, and not by any other means. Parliament has been empowered to legislate. Under Section 80A of the Representation of the People Act, 1951, such petitions may be filed only before the High Court of the concerned state. This section came into effect on 14 December 1966.


The Constitution, therefore, lays down detailed provisions relating to the Election Commission, the Chief Election Commissioner, the electoral rolls, and the laws governing them.

 

(The writer is an author and digital journalism teacher. Views personal.)

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