Hyderabad: Non-performing corporators may face axe

Hyderabad: Does the state government has the power to disqualify a duly elected corporator if he fails to perform? Well, if the state government has its way, it wants to incorporate all such clauses in the proposed new GHMC law. According to sources, the government wants to bring in a new act in which any corporator who fails to address the civic issues within stipulated time period should be disqualified from the membership of the GHMC council.

Such a law, the government feels will make the members more accountable and responsible. The government proposes to introduce the new GHMC bill in budget session to be held in March. Before that, the Government will seek legal opinion as well invite suggestions from people.

Officials told The Hans India that under the newly introduced Telangana Municipal Act -2019, it had made it mandatory for the elected ward members in all municipalities responsible to ensure that 85 per cent of the total saplings in their respective divisions planted under Haritha Haram survive. This clause was, however, not used regarding the outgoing council members.

The Act said that those who failed would be disqualified from the post after an audit was conducted by the district collectors. Though some audit was done in municipalities, in GHMC no such audit was done. Now it wants to amend the Act and include performance criteria in it. The maintenance of the roads, drainage system, sanitation and garbage collection will be the main parameters to measure the performance of the people representatives of the divisions.

If the elected member failed to improve the local civic amenities in a time-bound manner, the corporator will face disciplinary action which includes disqualification from the post. "The deadline to address the local issues by the elected members will be finalized at the time of drafting the new GHMC bill. The government is planning to give three chances to every member to resolve the civic issues, if failed, the member will be removed from the elected body. The proposal to disqualify the non-performing members is under active consideration," an official said.

The government is also proposing to introduce public audit of the expenditure incurred by the corporator for the development of the divisions every year. Local committees will be invited to the audit exercise. Some more crucial decisions to strengthen the GHMC will be taken which includes the people's active participation in the administration of divisions, including eminent citizen, youth and women committees. 

The committee will actively participate to increase green cover, prevent encroachments, development of parks and the management of environment-friendly solid waste. However, the big question is whether the State Government can disqualify an elected member? According to the existing GHMC Act, disqualification can be done only in cases of proven corrupt practices, non-furnishing of election expenses, having more than two children or imprisonment following court orders. Legal experts feel that if the state government decides to go in for amendments and make performance as criteria for disqualification, it may amount to assuming extraordinary powers. Corporators are elected representatives and may require a constitutional amendment. The 74th Constitutional Amendment Act, which mandated the setting up and devolution of powers to urban local bodies (ULBs), does not have any mention of disqualification of members for non-performance.