LAWS(SC)-2012-1-78

JEEVAN CHANDRABHAN IDNANI Vs. DIVISIONAL COMMISSIONER KONKAN BHAVAN

Decided On January 31, 2012
JEEVAN CHANDRABHAN IDNANI Appellant
V/S
DIVISIONAL COMMISSIONER, KONKAN BHAVAN Respondents

JUDGEMENT

(1.) Leave granted.

(2.) The interpretation and purport of the second proviso to Sub-section(2) of Section 31(A) of the Bombay Provincial Municipal Corporation Act, 1949 (hereinafter referred to as "Municipal Corporation Act") falls for the consideration of this Court.

(3.) The constitution of the "Municipal Corporations" (in the State of Maharashtra), their powers, functions and various allied matters are regulated by the abovementioned Act. Section 5(2) of the Act declares, every "Corporation" shall consist of a definite number of elected and a few nominated councillors. The number of elected Councillors with respect to any Corporation is determined on the basis of the population of that Municipal Corporation. The case on hand pertains to the Ulhasnagar Municipal Corporation, the third respondent herein, which has a total of 76 elected Councillors.