Court Validates Elections for Town Vending Committee, Emphasizes Operationalization of Street Vendors Act
In a significant ruling, the Bombay High Court has upheld the elections conducted for the representation of street vendors on the Town Vending Committee (TVC) under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014. The elections, which took place on August 29, 2024, had been challenged on grounds of a defective voter list and alleged non-compliance with procedural rules.
The petitioners, comprising various unions of street vendors, contended that the electoral roll was flawed, comprising only 32,000 hawkers out of the 99,435 identified in a 2014 survey. They argued that the elections should have included all eligible vendors, including those identified under the PM SVANidhi Scheme, thereby necessitating a fresh electoral process.
However, the Division Bench of Justices A.S. Gadkari and Kamal Khata found that the elections were conducted in accordance with the statutory framework and judicial directions. The court emphasized that the protection extended to hawkers under previous orders did not automatically confer voting rights without requisite scrutiny and documentation. The court noted that while 99,435 hawkers were initially identified, this did not exempt them from the obligation to substantiate their claims for voter eligibility. The court also highlighted the necessity of adhering to the 2009 National Policy on Urban Street Vendors during the scrutiny process.
The court acknowledged the persistent delays in implementing the Street Vendors Act, citing the lack of a constituted TVC and a finalized Scheme under the Act, despite the passage of over eight years since the landmark Azad Hawkers Union judgment. The judgment underscored the need to balance the rights of vendors with those of the general public, who face daily challenges due to unregulated hawking activities.
In light of these considerations, the court declined to interfere with the electoral outcomes, thereby allowing the results to be declared and urging the immediate operationalization of the TVC. The court directed the Brihanmumbai Municipal Corporation (BMC) to verify pending applications and to ensure compliance with guidelines for hawking activities. It also instructed the BMC and police to undertake comprehensive scrutiny of vendors to address issues related to illegal immigrants and encroachments.
The judgment reflects the court's resolve to expedite the implementation of the statutory framework, thereby alleviating the ongoing hardships faced by both street vendors and the public. The decision marks a pivotal step towards establishing an organized and regulated street vending environment in Mumbai.
Bottom Line:
Street Vendors Act - Electoral process conducted by BMC under Section 22(2)(d) of the Street Vendors Act, 2014 upheld despite challenges to the voters' list and procedural compliance. Petitioners' objections regarding inclusion of all eligible hawkers in voter lists rejected; elections validated to ensure operationalization of statutory framework.
Statutory provision(s): Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014; Maharashtra Street Vendors (Protection of Livelihood and Regulation of Street Vending) Rules, 2016; PM SVANidhi Scheme; Section 22(2)(d) of the Street Vendors Act; Rule 15 of the Maharashtra Street Vendors Rules, 2016
