Andheri East Bypoll: High Court Asks BMC To Accept Resignation Of Uddhav's Party Candidate Rutuja Latke

In a relief to Uddhav Thackeray-led Shiv Sena, the Bombay High Court Thursday directed the Brihanmumbai Municipal Corporation (BMC) to issue a resignation acceptance letter to Rutuja Latke - its prospective candidate for the upcoming Andheri bypolls in Mumbai. Latke is an employee of the BMC.

Latke, wife of late MLA Ramesh Latke, had approached the court claiming that the civic body was delaying her resignation process which would directly impact her candidature for the bypolls as October 14 is the last day to fill the nomination form. The by-poll was necessitated following Ramesh Latke's death, the two-time MLA from Shiv Sena. He died on May 11, while he was on a trip in Dubai.

"The interim relief is granted as otherwise the petition will become infructuous. The competent authority is directed to issue a letter of acceptance to the petitioner by 11 AM tomorrow," the bench of Justices Nitin Jamdar and J. Sharmila Deshmukh said in the order.

During the hearing, BMC's counsel Senior Advocate Anil Sakhare opposed relief to Latke. He submitted that she resigned on October 3 and wanted the one-month notice period relaxed. To grant it or not would be the MC's discretion. Moreover, a complaint was received against her on October 12, which the MC would have to consider.

Advocate Vishwajeet Sawant for Latke submitted that in the past the Commissioner has accepted the resignation of employees without even recording any reasons. "This complaint is a manufactured document and is evidence of mala fide…This complaint is not on a printed letterhead, the date has been changed. And the complainant is from Andheri West which is not even concerned with the petitioner. I'm just pointing out some circumstances which raise doubts about this complaint."

The bench then questioned the BMC over the complaint that was received by them just yesterday, "It is not just the case of the petitioner but our power to see whether discretion is bonafide or not. It is a clerk who wants to resign…Mr. Sakhare according to us the discretion has to be exercised in a bona fide manner. According to us discretion in this case is arbitrary. We have to see the totality of the circumstances."

In her petition Latke said that as per Rule 6 of the Mumbai Municipal Corporation Service (Conduct) Regulations, 1989, a BMC employee is prohibited from contesting elections. Therefore, she sought permission to relax the prohibition and leave till the polls. However, it was refused. Latke had then resigned on October 3, and paid the penalty Rs. 67, 590, seeking a waiver of the notice period.

On October 10, after verifying compliance with all the requisitions raised by it, BMC raised a tax invoice / challan on Latke. "She's on the clerical post and now we are told it is pending with the Municipal Commissioner. In normal circumstances, it would not go before the Municipal commissioner. But because I want to contest elections, the delay is happening," her counsel told the court.

Compiled by Sharmeen Hakim

Citation: 2022 LiveLaw (Bom) 383