A.M. Khanwilkar, J.

1. Heard Counsel for the parties.

2. Rule. Rule made returnable forthwith, by consent. Counsel appearing for the respective respondents waive service for the concerned respondents. By consent, taken up for final disposal.

3. This Writ Petition, under Article 226 of the Constitution of India, is filed for issuance of Writ of Certiorari to quash and set aside the Resolution passed by Respondent No.2 – Corporation on 31.8.2012 and the appointments of Respondent Nos. 4 to 12 herein as elected members of the Standing Committee of the Respondent No.2 Corporation and/or to issue a Writ of Mandamus directing the Respondent Nos.2 and 3 to withdraw the Resolution dated 31.8.2012 forthwith.

4. These reliefs are claimed on the assertion that the election of Respondent Nos.4 to 12, as members of the Standing Committee of the Respondent No.2 – Corporation, was in gross violation of the procedure stipulated in section 31A of the Maharashtra Provincial Municipal Corporations Act, 1949 and the guidelines issued by the State of Maharashtra vide notification dated 6.7.2010. The official translation of the said Government circular dated 6.7.2010, is as under:

“Procedure to be followed while nominating members on various committees including standing Committee of the Municipal Corporation.

Government of Maharashtra

Urban Development Department,

Government Circular No. Miscellaneous–2010/ M. No.85/UD 32,

Mantralaya, Mumbai 400032

Date 6th July, 2010.

Preface – After General ele ctions of the Municipal Corporations or thereafter, when a member of any Committee of the Municipal Corporation retires, taking in to account the comparative strength of the recognised parties or registered parties or groups in such Committee of the Municipal Corporation in the Municipal Corporation and after having consultations with the Leader of the House, the Leader of opposition and leader of such each party or group, as far as possible, Municipal members are nominated in the proportion of the strength of such parties or Groups in the Municipal Corporation. Accordingly, for appointing by nomination the members on Standing Committee and various other Committees of the Municipal Corporation on the basis of comparative strength of each registered party or group, the names of the members to be nominated on the Committees are informed to the Mayor by the Party Leader of the Concerned Party or Group leader of the Group and on that basis, the members are nominated on the Committees.

2) In view of making more transparent the procedure of sending names for nominating members on the standing Committee and other Committees of the Municipal Corporation in this fashion, the issue of giving guidelines thereon was under consideration of the Government.

Circular

As regards the procedure to be followed while nominating members on the Standing Committee or other Committees of the Municipal Corporation, guidelines are issued thereon as follows :

1) While sending names of the Municipal Members for appointing them by nomination on the Standing Committee or other Committees through (by) Leader of opposition or Group Leader on the basis of Comparative strength, the same should be put in a closed envelope and handed over to the Mayor at the time of the meeting. If the said names are to be handed over to the Mayor in a closed envelope before the day of the meeting, then a copy of the said letter in a closed envelope only should be given to the Commissioner as well.

2) In order to satisfy the persons present that at the time of the meeting, the said closed envelopes are in the original state itself and that the same have not been opened earlier, the closed envelopes should be shown to the meeting.

3) The said closed envelopes should be placed on the table and the Mayor should open the same serially in front of all and after every envelope is opened, the names therein should be got read over in the meeting by any other person present for the meeting.

4) As regards t