C.T.DIGHE, B.A.MASODKAR
BABARAO GOVINDRAO SHIRBHATE – Appellant
Versus
COLLECTOR, Amravati – Respondent
MASODKAR J.-By the present petition the petitioners seek reliefs inter alia that the co-option of Councillors to the Amravati Municipal Council which met to co-opt six Councillors on December 30, 1974, should be declared illegal upon finding that the rejection of the nomination of the petitioners Nos. 2 to 5 for that co-option is vitiated being arbitrary, mala fide as well lacking in authority in law relevant for that purpose. We may mention that in the prayer there is also a challenge to the legality of the provisions of section 9 (l) of the Maharashtra Municipalities Act, 1965 and it is prayed that it should be declared ultra vires. Petitioner No. 1 seeks to approach this Court mainly as the elected Councillor of the said Municipal Council while others rest their right upon the fact that they were duly nominated candidates for co-option and feel aggrieved by the decision taken by the respondent No.2 acting as Presiding Authority in rejecting their nominations on the ground that they lack the qualification or otherwise are not eligible under section 9 of the Act to be the co-opted Councillors. The procedure with regard to co-option is regulated by the Maharashtra Municipa
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