S.C.DHARMADHIKARI, J. - (1.) This Full Bench has been constituted to answer the following question: - "Whether a remedy of election dispute under Section 16 of the said Act or Section 21 of the said Act of 1965 is available to a voter who is entitled to vote in General Ward Elections for challenging the election/nomination of a nominated Councillor -
(2.) Some facts necessary for the purpose of a decision on the question and the backdrop of the reference be noted now.
(3.) The Petitioner in Writ Petition No. 11278 of 2012 had been an elected Councillor of the Ulhasnagar Municipal Corporation and completed his tenure of five years from 2007 to 2012. He claims that he is eligible as well as qualified for being nominated as a Councillor, in terms of the Maharashtra Municipal Corporation (Qualifications and Appointment of Nominated Councillors) Rules, 2012. Apart from impleading the State of Maharashtra, the Corporation, Mayor/Presiding Officer, the Petitioner therein has impleaded Respondent Nos. 4 to 8, who were nominated as Councillors of that Corporation by the State, in terms of the above Rules. These Rules were notified vide Notification dated 28th February, 2012.;