(1.) Rule. Rule made returnable forthwith. Heard finally, by consent of the learned counsel for the parties.
(2.) In both these petitions, Ordinance No.VII of 2022 dtd. 4/8/2022, which was later on made into an Act, i.e. Maharashtra Act No.XLIII of 2022, has been challenged on the ground that the same is ultra vires the Constitution of India.
(3.) The main ground of challenge to the constitutionality of the impugned Ordinance and the impugned Act is that they are manifestly arbitrary and have been promulgated and enacted only to negate the decision of this Court by which Ordinance No.XIII of 2021, amending Sec. 5 of the Mumbai Municipal Corporation Act, 1888 ('MMC Act', for short) so as to increase the number of directly elected Corporators in Mumbai Municipal Corporation ('MMC', for short) from 227 to 236 was upheld by the judgment of this Court delivered on 17/1/2022 in Writ Petition No.3824 of 2021, which judgment attained finality when the Special Leave to Appeal filed before the Supreme Court questioning the said judgment was dismissed on 18/2/2022.
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