According to a Maharashtra government notification issued on April 4, the Mumbai mayor is not eligible to use a red beacon on top of the official vehicle, said the PIL which is expected to come up for hearing next week.
The mayor is not a constitutional functionary as stated in the 2002 Central Government Notification and is therefore not eligible to use a red beacon, the PIL filed by activist Ketan Tirodkar said.
The PIL, based its argument on a Supreme Court ruling of December 10, 2013, in the case of Abhay Singh versus Union of India which debarred non-constitutional post-holders from using red beacons on their vehicles.
The petition contended that as per media reports, the Mumbai mayor insisted on using a red beacon over her vehicle despite authorities bringing the December 10, 2013 Supreme Court ruling which clearly prohibits such use, to her notice.
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The PIL quoted a media report in which the mayor had stated that her "dignity" called for the use of a red beacon.
"Being the First Citizen of a city, the mayor is an example to other citizens. If citizens see that the First Citizen herself has no regard for the law, what precedent will it set," the petitioner asked.
The PIL pointed out that there are many more such politicians and bureaucrats in Maharashtra who use red beacons on their vehicles.