LAWS(BOM)-2016-3-170

ANIL VIDYARTHI CHANDERLAL AILANI & ANR. Vs. STATE OF MAHARASHTRA & ORS.

Decided On March 11, 2016
Anil Vidyarthi Chanderlal Ailani And Anr. Appellant
V/S
State of Maharashtra And Ors. Respondents

JUDGEMENT

(1.) This Full Bench has been constituted to answer the following question: -

(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.