In a setback for the ruling Shiv Sena in the Ulhasnagar Municipal Corporation (UMC) in Thane district, the Bombay High Court on Monday halted further steps on Mayor Ashwini Kamlesh Nikam’s decision to recommend only two of four BJP candidates as co-opted or nominated corporators.

The Mayor, a Sena Corporator, allegedly altered the UMC Commissioner’s recommendations, excluding the names of S B Singh and Pradeep Ramchandani – the other BJP nominees.

Ramchandani, along with BJP district president Rajesh Vadhrya, had approached the court with pleas challenging the proposed nomination of councillors in the Special General Body Meeting (SGBM) of the UMC held on October 1, which recommended the names of only two of four BJP candidates while recommending five candidates of the Ulhasnagar Shahar Vikas Aghadi (USVA) – alliance dominated by the Shiv Sena.

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“Prima facie, there appears to be substance in the contentions of the counsel for the Petitioners on whether the Mayor at all had any authority/jurisdiction under the Maharashtra Municipal Corporations (Qualifications and Appointment of Nominated Councillors) Rules, 2012, to reject the nominations as made, and place the names of only two candidates out of four as recommended by the Commissioner,” a bench of Justices Girish S Kulkarni and Neela K Gokhale noted.

“In the meantime, till the adjourned date of hearing, the Municipal Secretary is restrained from taking any steps to notify and/or undertake any publication of the nominated councillors as per the provisions of Rule 6 of the 2012 Rules,” the HC noted.

Senior advocates Birendra Saraf and Anil Y Sakhare, appearing for the petitioners, argued that while the Municipal Commissioner, under Rule 5 (1) of the 2012 Rules, had recommended three USVA candidates, the Mayor placed the names of five USVA candidates before the house and thereafter, “hurriedly closed the meeting with the national anthem.”

The long-standing BJP-Shiv Sena dispute over UMC-nominated corporators had earlier reached the High Court and Supreme Court, which ordered the convening of SGBM for the issue by October 1, after which the Mayor took a decision in question in the present pleas. It should be noted that BJP and Shiv Sena are allies in the state, but not the civic body.

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On October 5, the petitioners sought urgent ad-interim relief and argued that as per 2012 rules, the Mayor had no power to reject the Commissioner’s recommended candidates.

Finding prima facie substance in petitioners’ contentions, the bench issued notices to the respondents, directing them to file reply affidavits by October 12.