RAJARAM APPA PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule returnable forthwith. With the consent of the learned counsel for parties, the petition is taken up for final hearing.

(2.) Mr.Deshmukh, learned counsel for the petitioners submits that the petitioner No.2 is elected as councillor of Municipal Council, Parola, in the General Elections held on 28.11.2016 as candidates of Shivsena party. The petitioner No.1 is the leader of the Municipal party/Aaghadi. Five councillors are elected of Shivsena party and the Shivsena party is registered in the Municipal Council, Parola as per Section 63(2B) of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965.

(3.) Two councillors are required to be nominated as nominated councillors in the Municipal Council, Parola as per Section 51B of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 and Rules 2003. Considering the strength of parties Shahar Vikas Aaghadi with one independent councillor as well as Bhartiya Janata Party are entitled to submit nominations of one qualified person to be appointed as nominated councillor before 24 hours of scheduled programme through its leader of party. The BJP did not recommend name of any person for appointment as a nominated councillor for the election to be held in Special Meeting dated 30.12.2016. Shahar Vikas Aaghadi, nominated one Mr.Nitin Dattatraya Sonar. Shivsena party nominated petitioner No.1 for appointment as nominated councillor within the stipulated period.