Boost for Uddhav Thackeray, HC rules in favour of Rutuja Latke, pulls up BMC
The Bombay high court on Thursday directed the Brihanmumbai Municipal Corporation to accept the resignation of its staffer Rutuja Latke, the wife of late MLA Ramesh Latke, who is the Shiv Sena Uddhav Thackeray faction’s nominee for the Andheri (East) assembly bypoll on November 3. The letter of acceptance of her resignation has to be issued to her by the competent authority by 11 am on Friday, the court said.
Discretion is to be exercised bona fide. The non-use of discretion in this case is arbitrary,” said Justice Nitin Jamdar and Justice Sharmila Deshmukh, referring to the municipal commissioner’s power to waive the one-month notice period stipulated under the BMC Service (Conduct) Regulations, 1989.
Rutuja had moved the HC on Wednesday saying that BMC was deliberately delaying accepting her resignation. She has been a clerk with BMC since 2006 and until her resignation is accepted, she cannot file her nomination. Friday is the last day of filing nominations. The death of Rutuja’s husband on May 11 had necessitated the bypoll.
Rutuja’s petition said she had completed all relieving formalities, including paying one-month notice pay. But BMC’s advocate said her resignation letter was defective. The judges then asked him to inform after court recess whether or not BMC was accepting the resignation.
Sakhare returned and said BMC will take a decision prior to the expiry of the one-month limit. He said there was a complaint received on October 12 against Rutuja Latke containing serious allegations. “We’ll have to look into it,” said Sakhare. Rutuja lawyer said “the complaint is a manufactured document, an evidence of mala fide and perversity.” The judges, in the order, said interim relief is granted otherwise the petition would become infructuous. They will pass a detailed order later and asked BMC to file its reply.
