JUDGMENT

Chelameswar, J.

Leave granted.

2. The interpretation and purport of the second proviso to Sub-section(2) of Section 31(A) of the Bombay Provincial Municipal Corporation Act, 1949 (hereinafter referred to as “Municipal Corporation Act”) falls for the consideration of this Court.

3. The constitution of the “Municipal Corporations”1 (in the State of Maharashtra), their powers, functions and various allied matters are regulated by the above-mentioned Act. Section 5(2)2 of the Act declares, every “Corporation” shall consist of a definite number of elected and a few nominated councillors. The number of elected Councillors with respect to any Corporation is determined on the basis of the population of that Municipal Corporation. The case on hand pertains to the Ulhasnagar Municipal Corporation, the third respondent herein, which has a total of 76 elected Councillors.

4. Election to the third respondent took place sometime in the month of February, 2007 and the Corporation was duly constituted with 76 elected Councillors. The break-up of the 76 Councillors is specified in the Judgment under appeal as follows:-

“(1) Lok Bharti Party 14

(2) Nationalist Congress Party 15

(3) Shiv Sena