VINAYAK BHIVA BHILARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule, returnable forthwith. The learned counsel for the respective respondents waive service. Heard finally by consent of parties.

(2.) In both these petitions, the petitioners have challenged Act No. XXVI of 2011 by which interalia, the provisions of section 5 of the Bombay Provincial Municipal Corporations Act, 1949 and section 10 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 have been amended. The amending sections read as follows:

(3.) According to Mr. Prakash Ambedkar, the learned counsel for the petitioner in writ petition no. 7567 of 2011 the impugned amendment which allows the creation of multi member constituencies in the same ward is violative of Article 243R of the Constitution of India, which reads as follows: