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2010 Supreme(Bom) 504

F.I.REBELLO, D.G.KARNIK, J.H.BHATIA
Jayram Tolaji Shinde – Appellant
Versus
Secretary, Urban Development Department – Respondent


Advocates appeared:
For the Petitioners:N.R. Bubna with Manisha Salekar, N.R. Bubna with Manisha Salekar, A.V. Anturkar i/by Mr. S.G. Deshmukh, Smt. Deepa S. Matwankar, Advocates.
For the Respondents:R6, M.M. Vashi i/by Mr. M.P. Vashi, R1, R2 & R4, Rahul Kate, A.S. Rao, J.N. Pawar, R.M. Pethe i/by Mr. R.S. Khadapkar, V.A. Gangal along with Ashok Gade and Vindu Pandey, R5, R.P. Behere, Addl. G.P., R6 & R7, P.K. Dhakephalkar, Sr. Counsel along with Mr.M.S. Kunthekar, R3 to R5, M.L. Patil, R6 & R7, T.S. Ingale, Advocates.

ORAL JUDGMENT: (FERDINO I. REBELLO, J.)

A Division Bench of this court, by its order in the case of Vasant Gite and Another Versus Municipal Corporation of City of Nashik and others in Writ Petition No. 2564 of 2007 along with several other petitions decided on April 30, 2007 had occasion to consider the provisions of section 31A of the Maharashtra Municipal Corporation Amendment Ordinance 2007 which subsequent thereto was substituted by the Maharashtra Municipal Corporation (Amendment) Act, 2007 which hereinafter shall be referred to as Amendment Act. The learned Division Bench there had first considered the issue as to how to arrive at the relative quotient for being represented for the purpose of section 31A(2). Taking an illustration, it was noted that if the strength of general assembly is 108 it will have to be divided by 16 which is the strength of the standing committee. This will work out to a quotient of 6.75. Then take the quotient of 6.75 and divide by the number of elected councilors to get the relative number of seats for representation on the standing committee. If it be a fraction, then the fraction of 0.50 or more be considered as one. The fraction of 0.49 and less






























































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