Forming Ward Committees- a ‘Smart Thing’ to do for ‘Smart City’?
Mangaluru : Addressing the media persons during a press meet held at Mangalore Press Club, the lead member of MCC Civic Group-Nigel Albuquerque said, ” MCC Civic Group is a public forum which is actively involved in creating awareness and taking up civic issues that require attention. This press meet was called to let know the public through the media that our Forum will file a Public Interest Litigation (PIL) against the Mangaluru City Corporation (MCC) for not forming the much-needed ward committees. It should be noted that Ward committees are a pre-requisite for cities, which have population over three lakhs, and the cities which come under the Smart City project. But unfortunately Mangalore City Corporation has failed to form ward committees in its 60 wards, in spite of many past reminders and protests from various activists of many organizations”.
“The reason MCC is not forming Ward Committees is because the Corporators are hand in hand with politicians so that they can pocket some extra money out of the crores of rupees sanctioned by the Central government under the Smart City project. The State of Karnataka mandated by Article 243 S of the Constitution of India (Section 13 H )of Karnataka Municipal Corporations Act, 1976 clearly states that every municipal corporation has to form ward committees, before they take up any project on their own decision. But for that matter, Mangaluru City Corporation has ignored it. Without a Ward Committee, the involvement of public is locked. We had made repeated requests to MCC to have Ward Committees, but all in vain. Enough is enough with MCC, we can’t wait any longer, so we have decided to file a PIL against MCC, thereby start our legal battle for justice” added Nigel.We have requested the MCC repeatedly, but there is no response from them. So now, we will now begin a legal fight against the MCC.”
He further said “MCC Commissioner had received a circular on 19 February 2017 from The Directorate of Municipal Administration, Karnataka requesting him to submit a report on KMC Act 1976. Reluctantly the commissioner has ignored the circular by not taking any action in forming ward committees. It should be noted that forming ward committees will lead to the active involvement of public in governance, and also to check into the transparency and accountability in local government offices. This is one of the main reasons why the corporators and the administration are reluctant in forming ward committees. In the nearest future we will file a PIL against the MCC pertaining to this issue”
As per 243 S Constitution and Composition of Wards Committees it clearly states that- There shall be constituted wards Committees, consisting of one ore more wards, within the territorial area of a Municipality having a population of three lakhs or more; The legislature of a State, by Law, make provision with respect to-a) the composition and the territorial of a Wards Committee; b) the manner in which the seats in the Wards Committee shall be filled; A member of a Municipality representing a ward within the territorial area of the Wards Committee shall be a member of that Committee.
Where a wards Committee consists of -a) one Ward, the member representing that Ward in the Municipality; or b) two or more Wards, one of the members representing such Wards in the Municipality elected by the members of the Wards Committee, shall be the Chairperson of that Committee; Nothing in this article shall be deemed to prevent the Legislature of a state from making any provision for the Constitution of Committees in addition to the Wards Committee.
Activists and Social workers Divya Dinker, Gerard Towers, Ajoy D’Silva and Padmanabha Ullal were present on the dais during the press meet.
The following was the appeal letter sent to the following persons by Nigel Albuquerque and Ajoy D’Silva- members of MCC Civic Group
To,
Narendra Modi-Hon’ble Prime Minister of India; Venkaiah Naidu-Hon’ble Minister,Ministry of Urban Development; Secretary,Ministry of Urban Development; Sajeesh Kumar N-Director, Smart Cities Mission,Ministry of Urban Development; The Director-Mangaluru Smart City Ltd,
Dear Sirs,
Sub: An appeal seeking formation of Ward Committees in the 60 Wards of M.C.C. as stipulated under Sec.13H of K.M.C Act, 1976 and making formation of Ward Committees a pre-requisite condition for granting of funds under the Smart Cities Mission at all India level– Reg.
It is submitted as hereunder:
1. That we are the residents of the city of Mangalore and we take this opportunity to thank you for selecting Mangalore under the prestigious Smart Cities Mission.
2. At the very outset it is pointed out that one of the mandatory reforms to be undertaken by the State Government under the Jawaharlal Nehru National Urban Renewal Mission is to enact a law providing for community participation in the Municipal Corporations having a population exceeding three lakhs. It requires the establishment of a three tier structure of governance at the level of municipal council, ward Committee and area sabha. The State Government, in the Memorandum of Agreement (MOA) entered into with Government of India has already committed to fulfil this reform, and passed orders dated: 05-10-2007 affirming the same and accordingly the state legislature has amended the Karnataka Municipal Corporations Act, 1976 (Karnataka Act 14 of 1977) [The Act for short] and a new chapter was introduced (Chapter IIIA) to provide for the following:-
i. Constitution of Area Sabhas and Ward Committees.
ii. Entrusting functions and duties to the Area Sabha and Ward Committees and
iii. Institutionalizing citizen participation.
3. In this regard it is important to note here that section13H of Chapter III A of the K.M.C Act,1976 mandates a Corporation to form Ward Committees in every ward in the Corporation.
4. It is rather shocking to note here that in the reply given to one of the applications made under RTI Act, 2005 by No.2 of us, it was informed that Ward Committees are not formed in the Corporation of the City of Mangalore , hereinafter called as MCC for the sake of brevity and convenience (A copy of the reply received is enclosed herewith for your ready reference.)
5. It is further shocking to note that instead of forming Ward Committees as stipulated under Sec. 13H of the Act, the MCC has formed a three member committee, in the name and style of ‘Sadana Samithi’ to study the pros and cons and to study the probable outcome, if the same is implemented in the jurisdictional wards of MCC and to give a report thereon. It is shocking to note here that neither Sec. 13H nor any other provision of the Act, or even the rules give | make provision for setting up of ‘Sadana Samithi’. This act of setting up ‘Sadana Samithi’ lacks legal sanctity and is Ultra Vires the Karnataka Municipal Corporations Act, 1976 as amended from time to time and the Constitution of India.
6. It is pertinent to note here that, even though MCC is duty bound to form Ward Committees as stipulated under Sec. 13H of the Act, noticing the utter failure on the part of the MCC in formation of Ward Committees, citizens of Mangalore took the initiative and even approached MCC a number of times asking MCC to form Ward Committees and all such requests were neglected and went in vain.
7. The creation of ‘Sadana Samithi’ is nothing but an attempt by the MCC to delay the implementation of Sec. 13H and avoid the responsibility. This even casts serious doubts and shadow over the intention of the MCC, whether it really intends to curb and prevent corrupt practices and aims at bringing about development to the city.
8. Further, it appears that, the so formed ‘Sadana Samithi’ is just a dummy body created to ward off the duties stipulated under the Act by the MCC and thus resulting in dereliction of duty and maladministration.
9. It is also to be noted that Article 243S of the Constitution of India mandates every municipal corporation to form ward committees in all the wards. The non formation of ward committees in the MCC amounts to the violation our constitutional right.
10. It is to be noted that the Hon’ble High Court of Karnataka has passed various orders in W.P no. 27439/2012 and various other connected cases, directing formation of ward committees in Bruhat Bengaluru Mahanagara Palike, Bengaluru. The orders passed by the Hon’ble High Court of Karnataka have cascading effect on other Municipal Corporations too. Even after passing of such orders by the Hon’ble High Court of Karnataka, the Corporation of the City of Mangalore has not formed Ward Committees.
11.Further the Director, Directorate of Municipal Administration, Karnataka has issued a circular dated 18-02-2017 vide reference no. ಪೌನಿ.ಮಂಮನಪಾ.18688. ಸಿಆರ್-117.16-17 wherein the Director of the Directorate of Municipal Administration, Karnataka has specifically directed the Commissioner of MCC, to form ward committees as provided under sec. 13H of the KMC Act,1976 and submit a report in this regard. It is further to be noted that the Commissioner of the City of Mangalore of has not taken any further steps to form ward committees in the MCC.
12. Establishment of ward committees will lead to community participation in governance and thereby inculcate transparency and accountability in the local government bodies like the Corporation of the City of Mangalore. Ward Committees will ensure the effective redressal of the problem of solid waste management faced by the cities. It will also lead to effective implementation of the various public welfare programs. In the absence of Ward Committees, various cities like Mangalore which are selected under the Smart Cities Mission may not be able to fully implement the objectives of the Smart Cities Mission. Hence, it is requested that, the formation of ward committees in respective cities selected under the Smart Cities Mission may be made a pre-requisite condition for granting funds under the Smart City Mission and various other programs. This will ensure the community participation in the development of the respective cities.
13. Yourselves are at liberty to seek any clarification in this regard and if required we are ready and willing to substantiate the facts with cogent documentary evidence as the matter is of utmost public importance. Thanking you,
Yours sincerely, Nigel Albuquerque and Ajoy Dsilva -Clients
