Shri Devendra Fadnavis, 
Hon Chief Minister of Maharashtra 
Government of Maharashtra Mantralaya, Mumbai

Subject: We seek urgent notification and implementation of Area Sabha rules for citizens participation in Urban Governance in Maharashtra

Honorable Chief Minister Shri Devendra Fadnavis,

The Municipalities of Maharashtra are legally required to implement “Area Sabha” rules to ensure their citizens' participation in governance, but sadly this crucial democratic process has not yet been brought into force in Maharashtra. This is despite the Area Sabha-related legislation being passed back in July 2009, meaning over fifteen years have passed without implementation.

The Area Sabha is a crucial step in the devolution of power to the local level, giving citizens a direct voice in matters related to their neighborhoods. It is intended to make Corporators more effective and accountable to their constituents, and overall improves the budgeting and provisioning of services while ensuring the timely redressal of grievances. Such citizen involvement is widely recognized as a key factor for effective and outcome-driven urban governance. Indeed, the Supreme Court of India has recognized participatory democracy as a strong element embedded in the Constitution, and the right to public participation can be located within the ambit of Article 21, especially in cases directly affecting citizens' right to life and livelihood. Furthermore, Maharashtra's own Aspirational Cities Programme emphasizes enhancing the voice and participation of citizens in civic affairs through physical and digital means.

Under the Jawaharlal Nehru National Urban Renewal Mission (JNNURM), states were required to implement Community Participation Law (CPL) provisions for citizens' participation in urban local area governance. The Maharashtra State Government accordingly added Area Sabha-related sections 29B-29E to the Maharashtra Municipal Corporation Act (Amendment) in July 2009. These sections comprehensively define the composition, roles, and responsibilities of the Area Sabhas.

Specifically, Section 29B mandates the State Government to determine the areas into which each electoral ward may be divided, with each area comprising all persons registered in the electoral rolls of one to five contiguous polling booths. 

Section 29C outlines that the Chairperson of the Area Sabha (the Councillor of the concerned electoral ward) shall convene meetings, with the Secretary issuing public notices. Meetings must be held at least once every six months, and a failure by the Chairperson to convene four continuous meetings within two years can lead to disqualification. The Secretary is also responsible for recording minutes and presenting information on actions taken by the Corporation based on Area Sabha suggestions. 

Section 29D details the functions of Area Sabhas, including suggesting priorities for schemes and development programs, identifying locations for public amenities, pinpointing deficiencies in civic services, and assisting public health activities. 

Section 29E grants rights to Area Sabhas, such as obtaining information from officials, being informed by Ward Committees on decisions and follow-up actions, fostering public awareness, and ensuring attendance of ward-level officers in meetings. 

However, the 2009 Act, which inserted these provisions, has not been brought into force by a state notification. For more than fifteen years, these vital provisions have not been operationalized, which does not bode well for the citizens of Maharashtra. This delay has been attributed to the government "examining the practicality" of Area Sabhas in urban areas. The absence of notified rules prevents these community bodies from beginning operations as intended by law.

The Hon. Bombay High Court, on 30th April 2019, responding to Public Interest Litigation (PIL) No. 39 of 2014 regarding Area Sabha implementation, had noted that "the Government in the spirit of the legislation considers notifying the appointed date at the earliest". While acknowledging that it could not issue a mandamus, the Court expressed hope that the government would be earnest in doing the needful. Previous PILs, such as No. 158 of 2016 (Maruti Sahebrao Bhapkar), also highlighted the non-functioning of Prabhag Sabhas and urged municipal corporations to address such complaints.

We, the citizens, therefore, seek your immediate intervention to ensure that the Area Sabha rules are formulated and notified by Gazette, and these Area Sabhas are implemented and operationalized before the municipal councils and corporation elections are announced for the state of Maharashtra. This interim period, before elections, presents a critical opportunity to strengthen urban governance by putting people first. 

Citizens' involvement in local area governance will ensure better delivery of services and planning of local projects, and Area Sabhas will ensure this happens.

"Empower citizens. Empower Democracy."

Citizens for Area Sabha

Email - citizensforareasabha@gmail.com