AJAY BORASTE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule returnable forthwith. Respondents waive service. By consent of the parties and at their request taken up for final hearing.

(2.) The petitioner who is an elected councillor of the Nashik Municipal Corporation (for short 'the NMC ') and who belongs to a political party by name Shiv-Sena, is before the Court assailing a resolution of the General Body of the NMC dated 24 February 2020 [Resolution no.196] (for short 'the said resolution '), to the extent that there is a shortfall to nominate one Councillor belonging to the ShivSena on the Standing Committee, of the municipal corporation and instead a nomination of one Councillor from the Bharatiya Janata Party has been made.

(3.) Briefly, the case of the petitioner is that the General Ward elections of the NMC for total 122 seats were held in the year 2017. In such election, 66 candidates came to be elected belonging to the Bharatiya Janata Party; 35 candidates were elected from the Shiv-Sena. The elected candidates (councillors) were registered under the Maharashtra Local Authorities Members Disqualification Rules,1987 (for short 'the 1987 Rules '). The petitioner contends that once a group of elected councillors is registered under the provisions of the 1987 Rules, they secure the benefit of Section 31-A of the Maharashtra Municipal Corporation Act,1949 (for short 'the 1949 Act ') for nomination on the standing committee of the municipal corporation.