Double public office continued by candidates after Maharshtra Assembly elections by candidates who won MLA elections but also still continued as BMC Corporators.
To,
Public Information Officer,
Survey Number <???>
<Address>
From. ——————–
Address. ———————
Application for information under Right To information Act 2005.
Particulars of information required
1. Subject Matter: Double public office continued by candidates after Maharshtra Assembly elections by candidates who won MLA elections but also still continued as BMC Corporators.
2. Description of information required: Please give names all such candidates who at present enjoying both public office that of MLA and BMC corporator, And why and how they r enjoying double office.
3. Please furnish all such rules, laws, notifications if any, which allows them to enjoy such double public office.
4. Is this double office enjoyed by candidates challenged in court of law. please furnish details of each of such cases, their case number of all such case pending in court of law and also details if any order is passed in any such case that is already decided.
5. What action is taken by election commissioner against such candidates who r enjoying double public post. Please give names and what is present situation in the matter.
Information required will be collected in person.
yours sincerely,
Dear Anonymous, you could ask this query but there is nothing illegal about it as I have found out from leading RTI activists of Mumbai. Here is the revised draft. Also, whoever is filing this application, pl also file it to Public Information Officer, Municipal Secretary’s office, Bombay Municipal Corporation:
To,
Public Information Officer,
Chief Minister’s office.
6th floor, Mantralaya,
Mumbai-400032.
Survey Number .
From. ——————–
Address. ———————
Application for information under Right To information Act 2005.
Particulars of information required.
1. Subject Matter: Double public office held by candidates who won MLA elections but continue as BMC Corporators.
2. Description of information required: Please give names of all such candidates who at present enjoy both public office- that of MLA as well as BMC corporators.
3. Please furnish rules, laws, notifications which allows a candidate to hold the double public office – that of MLA as well as corporator.
4. Please give details of any case pending in court of law regarding the above issue as well as if any if any order has been passed in any such case.
Information required will be collected in person.
yours sincerely,
Moving this to the Drafted RTI’s (Ready to Print)
Dear Vinita,
What is the survey number here? I am unable to get it while preparing this draft for filing.
Regards,
Kamal Kishore
RTI is not related to land issue so where is the question of survey number ? Along with Chief minster office, RTI also should be filed with Chief election commissioner’s office.
Thanks for the info jitu11. I think it needs to be placed with above mentioned PIO for govt. side response. Should there be more applications needed one for BMC, Mumbai and State Election Commission?
Team, please give your valuable comments on this thread asap.
Let us first file one RTI to the CMO and wait for 30 days. If we do not get a reply, back then we start sending more RTI’s to the other people, while going for the second appeal with the CMO.
Jitu11 : I am presuming that you would definitely remind us again in about 30 days to se what is happening. We have a database, that will send us alerts and all .. But I am requesting you, to follow up with us too .. once this RTI is filed.
sorry, the survey number seems to have come by oversight. pl delete it. sorry for the late response
Hi All,
I have filed RTI for this. Please find filed RTI as attachment.
Speed Post Consignment no for this application is EH313688887IN and EH313688873IN.
Regrads,
Kamal Kishore
RTI-A Team Member
https://docs.google.com/document/d/1Db46xU-DvP5ZmXf1BJUw1x7J3g3JVWELo0QfJvlCLsk/edit
https://docs.google.com/document/d/1YRQtr0d-04_PCtWEyRYdJUKRdSlqftUO4Y4y42kNU5c/edit
Hi All,
I have received reply for one question of this application. Please check.
Regards,
Kamal Kishore
RTI-A Team Member
https://docs.google.com/document/d/1B0_NxvAj9ewMP1GxC1pgVBB2pIdNm-Kq-fq7P5TvJ68/edit#
Dear Kamal,
We need to fill appeal in the RTI reply since we have not been given reply to our query, is there any court pending case or order in it or names of the corporators.. This is important issue of national importance.
Below is my finding on the subject and also my complain status on online grievance portal.
Article 101, 102 and 103 of Constitution, silent on lower Legislators holding double office of profit(it cover only MP), benefiting 8 MLA to continue as Corportor as well in present BMC, because of modification in 2001 of rule 16 (1) G of BMC Act of 1888, which seems to be against very intention and fabric of Article 101 constitution which say that a person cannot do justification to both office, when he/she is holding more than one office.
Status as on 22 Dec 2011
Registration Number : ARNPG/E/2011/00018
Name Of Complainant : J G
Date of Receipt : 22 Dec 2011
Received by : Department of Administrative Reforms and PG
Officer name : Shri. Satish Kumar
Officer Designation : Director (PG)
Contact Address : 5th Floor
Sardar Patel Bhawan
Sansad Marg, New Delhi110001
Contact Number : 23360208
Current Status : RECEIVED THE GRIEVANCE
———————————————————————————
Status as on 22 Dec 2011
Registration Number : GOVMH/E/2011/01434
Name Of Complainant : J G
Date of Receipt : 22 Dec 2011
Received by : Government of Maharashtra
Officer name : Shri. Nandkumar Jantre
Officer Designation : Secretary ( AR and O&M)
Contact Address : General Admn. Deptt.,
Mantralaya,
Mumbai400032
Contact Number : 022-22027151
Current Status : RECEIVED THE GRIEVANCE
- Show quoted text -
Hi All,
Appeal has been filed for both applications:
1. BMC,
2. Urban Development Dept. (application was transferred to this dept. from CM Office)
and speed post consignment numbers for these appeals are EH353965433IN and EH353965291IN respectively.
Regards,
Kamal Kishore
RTI-A Team Member
Hi,
Please find the appeals filed in both of the departments.
Regards,
Kamal Kishore
RTI-A Team Member
https://docs.google.com/document/d/1eBdbUPGfDaePXoCoChw5mAMMEzp6Jh-o8ZDmGyEfoAQ/edit
https://docs.google.com/document/d/1Fwypx8IJIkM9vIf7Gd-TVv3rKUyTTE4-eEdBUvQ4A1I/edit
https://docs.google.com/document/d/1c8TGERrF_5X2REosjBams6d9WoSNQCC7dOv7yiJ4rbk/edit
Hi Mr. Kishore, Thanks for alppeals filled. Any progress in the matter in last 3 and 1/2 months.
Thanks Mr. Kishore for ur RTI, because of its half reply from which i could know that BMC had modified a rule to suit it Corporator to enjoy double office of Profit. On the bases of this information i had filled a complain on Govt. Portal for public grievance. And now there r some results. Below i giving the details.
My complain on govt. portal site made to Ministry of Parliamentary affairs complain no.MINPA/E/2012/00035 accepted and
Forwarded by Ministry to : Ministry of Parliamentary Affairs ME Section. Date of Action : 17 May 2012
1. Amend article 101, 102, 103 of Constitution to prevent winning MLA’s in Maharashtra from holding double post, that is post of MLA as well as that of Corporator.
2. Declare modification of BMC modification regarding disqualification of councilor rule 16(1) G, Null and Voild and as non Constitutional and against public interest and thus prevent same person holding two office of profit.
Thanks to RTI Anonymous which could reveal in a RTI reply the rule number, and about fact of Maharashtra Govt. mischief, where they had modified earlier rule to suit its winning MLA’s from holding their earlier seat of corporator.
Any replies to ur appeals, if yes please post.