‘Public servants holding two positions fail to focus on either’
The issue of public representatives simultaneously holding two official positions has once again come in the limelight. Even after winning the state assembly and Lok Sabha elections, five BMC corporators continue to hold both the positions. A 'loophole' in the law allows BMC corporators to hold both portfolios of MP/MLA and municipal corporator, say citizens, activists and former bureaucrats.
In 2019, four BMC corporators, including first-timer Parag Shah of the BJP, Dilip Lande and Ramesh Korgaonkar from Shiv Sena and Rais Shaikh from Samajwadi Party had entered the MLA league. Meanwhile, BJP's Manoj Kotak became an MP.
Milind Mhaske, director of Praja Foundation, a non-partisan organisation working towards enabling accountable governance says that a public representative should hold only one public post at a time. "The provision that lets these public representatives hold on to two vital positions is absolutely ridiculous. The law should be amended in a way that one person holds one public office at a time,” said Mhaske.
"They will not be able to attend corporation meetings no; at least, not regularly. Obviously, their municipal ward will be affected. How much attention would they be able to give to their civic post? They might then appoint a person to do local work. We have come out with reports every year on public representatives (corporators/ MLA/MP), highlighting their contribution and participation in governance and in their constituencies. Majority of the times, our report concludes that when a corporator becomes an MLA/MP and holds on to both positions simultaneously, they don't fair as corporators, but do good as MLAs or MPs. They must concentrate on one part, than fail in both," added Mhaske.
What the laws say?
According to the Representation of the People Act, any person cannot be an MLA and an MP simultaneously. They have to resign from either post within 14 days of being elected so as to assume/retain the other office.
Sections 68,69 and 70 of the Representation of People’s Act (1950) do talk about people getting elected simultaneously from multiple houses or multiple constituencies. Rule 91 of the Conduct of Election Rules (1961) specifies the timeline within which a member is supposed to resign in case he is elected to multiple houses.
Article 101(2) of the Constitution of India also disallows any person from simultaneously holding the positions of an MP and MLA. There is, however, no counterpart to this stipulation in the local governance. As far as municipal matters are concerned, one may continue as a city councillor/corporator even if they are an MP or an MLA.
Experts and former bureaucrats, however, claim that they feel queasy with this law. An ambiguity in the Mumbai Municipal Act, which does not stipulate that a corporator should give up the seat if elected as an MLA/MP seems to be working in their favour.
Sharad Kale, former BMC commissioner (1991-1995) said, “It is a practical and moral decision to be taken by these public representatives on their own. It is just that MPs and MLAs have more political clout, which they can showcase in the municipal corporation to get things working. I feel, despite there is no such rule, these public representatives should resign as corporators and the BMC should go for a by-poll, so some other person can do justice to the post. People have voted for them for the nation’s larger interest. So they should do their job in parliament instead of the local body." He added,“If they continue to hold both the posts, he would send the wrong message of being a greedy politician.”
Justifying their stand
Justifying his stand, BJP MP from Mulund Manoj Kotak said, "I work for the people of my constituency on the ground and represent them and their issues in the parliament. It is true that I have not been able to attend house meetings in the BMC, but I know my responsibilities and duties. Both my roles give me strength and opportunity to resolve issues at both ends."
Taking a dig, Rais Shaikh, Samajwadi Party corporator from Mumbai Central and MLA from Bhiwandi Kotak, said, "I am not doing anything wrong. My ward constituency is located within my parliamentary constituency, and that is where I live. Hence, I concentrate where I am supposed to. However, there are people whose municipal ward constituency is in south Mumbai and whose assembly constituency is located out of Mumbai."
Meanwhile, Shah, Lande and Korgaonkar too are struggling to attend the civic meetings despite holding the posts.
It is true that I have not been able to attend house meetings in the BMC, but I know my responsibilities and duties. Both my roles give me strength and opportunity to resolve issues at both ends.