PRATIMA PRABHAKARRAO BORIKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner, resident of Parbhani, an Ex-Councillor of the Parbhani Municipal Corporation and practicing Lawyer at District Court Parbhani, has challenged the nomination of respondent Nos.3 to 7 as Councillors of Parbhani Municipal Corporation under the Maharashtra Municipal Corporations (Qualifications & Appointment of Nominated Councillors) Rules, 2012.

(2.) After general elections of the Parbhani Municipal Corporation, the meeting of the Councillors was held on 26 June 2012 to nominate 5 persons as Municipal Councillors of Parbhani Municipal Corporation. By Resolution dated 26 June 2012, the elected Councillors nominated respondent Nos.3 to 7 as Councillors all of them being office bearers of N.G.Os., rendering social services and having 5 years experience in the field.

(3.) Section 5(1)(b) of the Maharashtra Municipal Corporations Act, 1949 provides for nomination of Councillors. The Rules framed under the said Act and other Acts governing the nomination of members under the other Municipal Corporations Acts in the State of Maharashtra are the Maharashtra Municipal Corporations (Qualifications and Appointment of Nominated Councillors) Rules, 2012. The relevant Rules 3, 4 and 5 read as under:-