R.M. Borde, J.

1. Heard Mr.N.L.Jadhav, learned Counsel for the petitioner, learned A.G.P. for Respondent Nos.1 to 3, Mr.S.S.Rathi, learned Counsel for Respondent No.4 and Mr.S.T.Veer, learned Counsel for Respondent Nos.5 & 7 to 12. None appears for Respondent No.6, though served.

2. Rule. Rule made returnable forthwith and heard finally by consent of learned Counsel for respective parties.

3. The petitioner is praying for issuance of writ of mandamus or any other writ or direction in the like nature to Respondent No.2-Collector, Parbhani, to declare him as a nominated Councilor of Municipal Council, Jintur, Tq. Jintur, District Parbhani. The petitioner also prays for quashing Rules 3 and 5 of the Maharashtra Municipal Councils and Nagar Panchayats (Qualifications and Procedure for Appointment of Nominated Councillors) Rules, 2010.

4. The elections to Respondent No.4-Jintur Municipal Council were held in December, 2011. The total strength of the elected councilors of the Municipal Council is twenty-one, whereas, the Collector, in view of provisions of Section 9(1)(b) of the Maharashtra Municipal Councils, Nagar Panchayats & Industrial Townships Act, 1965 (for short, hereinafter referred to as “Act of 1965”), is supposed to nominate two councilors. The elected councilors set up by the Congress-I party are twelve in number, whereas, there are eight councilors got elected, who were set up by the Nationalist Congress Party. One independent candidate also got elected as councilor of the Jintur Municipal Council.

5. The Collector convened a special meeting on 03.01.2012 for nominating two councilors as provided by Section 9(1)(b) of the Act of 1965 read with Rules prescribed in that behalf. There were seventeen members who attended the meeting, out of which, twelve members belong to Congress-I Party, whereas, four members belong to Nationalist Congress Party and one independent candidate attended the meeting. It has also been stated that four members belong to Nationalist Congress Party did not remain present at the meeting. The candidature of one Kiran Vasantrao Wattamwar was declared on behalf of Congress-I Party and considering relative strength of Congress-I Party, the Collector nominated the said candidate as a councilor of the Jintur Municipal Council.

6. The name of the petitioner was suggested on behalf of Nationalist Congress Party. It is stated that one Farooqui Kapilur Raheman Inaytur Raheman, who claims to be the group leader of Nationalist Congress Party recommended name of petitioner as a candidate on behalf of group of councilors belonging to Nationalist Congress Party. The memorandum recommending name of the petitioner, which was presented on 29.12.2011, is stated to have been signed by five members, whereas, there were four members belonging to Nationalist Congress Party present at the meeting held on 03.01.2012. The Collector refused to nominate petitioner as councilor on the ground that only four members have signed the authorization out of eight elected councilors belonging to Nationalist Congress Party.

7. Learned Counsel appearing for the petitioner contends that the Collector shall have to look to the relative strength of the recognized Parties or registered Parties or groups and nominate the members as nearly as may be in proportion to the strength of such Parties or groups in the Council after consulting with each of such Parties or groups. It is contended that candidature of only two members was recommended. One candidate was recommended on behalf of Congress-I Party whose strength in the Council is twelve, whereas, the Nationalist Congress Party suggested name of the petitioner. It is contended that it does not matter whether four members out of 8 attended the meeting or that those members attending the meeting only supported candidature of the petitioner. The relative strength of Nationalist Congress Party in the Council is eight and even assuming that four members supported candidature of pe