The petitioner, resident of Parbhani, an Ex-Councillor of the Parbhani Municipal Corporation and practicing Lawyer at District Court Parbhani, has challenged the nomination of respondent Nos.3 to 7 as Councillors of Parbhani Municipal Corporation under the Maharashtra Municipal Corporations (Qualifications & Appointment of Nominated Councillors) Rules, 2012.

2. After general elections of the Parbhani Municipal Corporation, the meeting of the Councillors was held on 26 June 2012 to nominate 5 persons as Municipal Councillors of Parbhani Municipal Corporation. By Resolution dated 26 June 2012, the elected Councillors nominated respondent Nos.3 to 7 as Councillors all of them being office bearers of N.G.Os., rendering social services and having 5 years experience in the field.

3. Section 5(1)(b) of the Maharashtra Municipal Corporations Act, 1949 provides for nomination of Councillors. The Rules framed under the said Act and other Acts governing the nomination of members under the other Municipal Corporations Acts in the State of Maharashtra are the Maharashtra Municipal Corporations (Qualifications and Appointment of Nominated Councillors) Rules, 2012. The relevant Rules 3, 4 and 5 read as under:-

“3. Meeting for nomination of Councillors:- Subject to the provisions of rule 4, the Corporation shall, in the first meeting of the Corporation after the election of the Mayor and Deputy Mayor, after general elections, nominate five persons to be nominated Councillors.

4. Qualification for nomination:-A person shall be eligible for being nominated as a candidate for the office of the nominated Councillors if he has special knowledge or experience in municipal administration and he:-

(a) has been a recognized and registered medical practitioner in the State for a minimum period of five years, or

(b) has been an educationist including retired Professor, Lecturer, Principal, Headmaster, etc. of a recognized school or college for a minimum period of five years, or

(c) has been Chartered Accountant or Cost accountant for a minimum period of five years, or

(d) possesses a degree in engineering from a recognized University and has professional experience for a minimum period of five years, or

(e) has been an Advocate for a minimum period of five years or is a person possessing degree in Law from a recognized University with an experience in the legal field in the State for a minimum period of five years, or

(f) has experience of working for not less than five years as the Chief Officer of a Municipal Council or as Assistant Commissioner or the Deputy Commissioner or has experience of not less than two years as the Commissioner of a Municipal Corporation, and has retired from service, or

(g) has experience of not less than five years as an office bearer of a Non-Government Organization registered under the Bombay Public Trusts Act, 1950, engaged in Social Welfare activities, working within the area of a Municipal Corporation or a Council.

5. Nomination of Councillors:- (1) For the purpose of nomination of Councillors, the Commissioner shall, after consulting the leader of the House, leader of opposition and leader of each regonized or registered party or group in the Corporation, and after taking into account the relative strength of such parties and groups recommend the names of suitable persons to the Corporation for being nominated as a nominated Councillor. The names of such persons recommended shall not exceed the number of Councillors to be nominated in accordance with rule 3.

(2) The Corporation shall, after considering the recommendation by the Commissioner, nominate the Councillors:

Provided further that every endeavour shall be made to ensure that one Councillor each possessing any of the qualifications referred to in clause (a) to (g) of rule 4 has been nominated.”

4. There is no dispute regarding the procedure followed before respondent Nos.3 to 7 were nominated as Councillors. The main dispute is about the qualif