SHARANBASAPPA RACHAPPA KHAMBAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution of the India, the petitioner has challenged the appointment of the sixth respondent as the nominated Councillor of the Municipal Council of Maindargi (for short "the said Municipal Council") Taluka Akkalkot, District Solapur. The notice for final disposal was issued on 13th January 2014.

(2.) Subsection 1 of Section 9 of the Maharashtra Municipal Council Nagar Panchyat and Industrial Township Act,1965 (for short "the said Act of 1965") provides that every Municipal Council shall consist of the president and Councillors elected at ward elections by direct elections and such number of Councillors shall not exceed 10% of the total number of elected Councillors or 5 whichever is less having special knowledge or experience in municipal administration, to be nominated by a Municipal Council in the manner as may be prescribed. In exercise of the rule making powers, the Maharashtra Municipal Councils and Nagar Panchyats and Industrial Townships (Qualifications and Procedure for appointment of Nominated Councillors) Rules, 2010 (for short "the said Rules") have been framed. The qualifications for nomination of nominated Councillors have been laid down in Rule 4 of the said Rules. Rule 4 reads thus:

(3.) By a resolution passed by the said Municipal Council on 6th January 2012, the sixth respondent was nominated as a Nominated Councillor of the said Municipal Council.