Restrain special officers from implementing schemes: Plea in Madras HC

The vacation Bench comprising Justice V Parthiban and Justice P D Audikesavalu before whom the plea came, ordered notice to the State Government for filing a counter affidavit. The case was posted for further hearing immediately after vacation.

Change India, an NGO, represented by its director A Narayanan had submitted that when the very appointment of special officers is under challenge for being an assault on the Constitution, the special officer’s council of the Greater Chennai Corporation had passed the civic body’s annual budget behind closed doors for a second successive year.

The petitioner, who had already challenged the constitutional validity of extension of term of special officers in a separate plea which is pending adjudication, said as per the Constitution, the powers meant for the local bodies cannot be appropriated and exercised by special officers, who are not even authorities contemplated under the provisions of the Constitution of India or recognized therein.

Pointing out that such appropriation is completely illegal and unconstitutional, the petitioner said the budget of local bodies are like the Central and State budgets and are to be prepared through elaborate consultations with resident welfare associations and other stake holders. They must be submitted before a duly elected council for discussion and voting, he stated.

However, on account of special officers occupying the place of elected council members, the entire budgeting exercise has turned into a farce as they decide unilaterally what infrastructure is needed for a city, without factoring in the aspirations of the tax-paying public and without getting any feedback about the grievances of the citizens, the petition added.