The petition points out that since October 1996, the corporation has either been headless or without a commissioner with successive incumbents proceeding on leave on one pretext or the other. The UMC has had 12 changes of guard so far. Submitting that current commissioner A D Kale ``is totally under control of corporators and unable to discharge his duties competently,'' the petition says, ``It is the state's duty to appoint a competent IAS officer as commissioner of a civic corporation so that he will be able todischarge his duties for at least three years under Section 36 of the Bombay Provincial Municipal Corporation (BPMC) Act, 1949.'' The state's failure to do so has caused chaos in the civic administration, it adds.

The petition says the BPMC Act says it is the commissioner's duty to take measures for securing the daily surface cleaning of all streets and arranging for removal of refuse and rubbish. However, it alleges, Kale is doing none of the above.

The petition has urged the court to issue a mandamus under Article 226 of the Constitution directing the state to appoint an IAS officer as commissioner for a full three-year term. It also requests the court to ensure that the corporation keeps the city clean by taking care of garbage removal and insanitation and that it direct the state to ask its Health Department to appoint a senior official to visit the township and submit a report.

The case will come up for hearing on February 22. Abhay Oak is representing the petitioners while C J Sawant is appearingfor the UMC.

A former UMC commissioner said: ``Given the underworld-politician nexus here, no one would like to work as a civic chief.'' Vinod Talreja, one of the petitioners, said that the UMC is the only corporation in the state being headed by a non-IAS officer. ``Things took off on a wrong note when the Kalyan-Dombivli municipal corporation commissioner was given additional charge of the UMC,'' he said . Congress leader in UMC Hardas Makhija, who's also one of the petitioners pointed out, ``In light of Article 243 (W) of the Constitution, a corporation should be able to function as an institution of self-government. UMC hasn't been able to do this.''