LAWS(BOM)-2022-1-116

ABHIJIT GANPAT SAMANT Vs. STATE OF MAHARASHTRA

Decided On January 17, 2022
Abhijit Ganpat Samant Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) The Petitioners, who are Councillors of Mumbai Municipal Corporation, have questioned the Constitutional validity of the Ordinance No.XIII of 2021 dtd. 30/11/2021. By the impugned Ordinance, sec. 5(1)(a) of the Mumbai Municipal Corporation Act, 1888, is amended by increasing the number of directly elected Municipal Councillors from 227 to 236.

(2.) Sec. 5 of the Mumbai Municipal Corporation Act, 1988, provides for the composition of the Mumbai Municipal Corporation (hereinafter referred to as 'the Corporation '). Sec. 5(1)(a) reads thus:

(3.) Census is taken every ten years under the Census Act, 1948 and Census Rules, 1990. The case of the Petitioners is as under: