PER A.S.OKA, J.

1. By this petition under Article 226 of the Constitution of the India, the petitioner has challenged the appointment of the sixth respondent as the nominated Councillor of the Municipal Council of Maindargi (for short “the said Municipal Council”) Taluka Akkalkot, District Solapur. The notice for final disposal was issued on 13th January 2014.

2. Subsection 1 of Section 9 of the Maharashtra Municipal Council Nagar Panchyat and Industrial Township Act,1965 (for short “the said Act of 1965”) provides that every Municipal Council shall consist of the president and Councillors elected at ward elections by direct elections and such number of Councillors shall not exceed 10% of the total number of elected Councillors or 5 whichever is less having special knowledge or experience in municipal administration, to be nominated by a Municipal Council in the manner as may be prescribed. In exercise of the rule making powers, the Maharashtra Municipal Councils and Nagar Panchyats and Industrial Townships (Qualifications and Procedure for appointment of Nominated Councillors) Rules, 2010 (for short “the said Rules”) have been framed. The qualifications for nomination of nominated Councillors have been laid down in Rule 4 of the said Rules. Rule 4 reads thus:

“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 recognised school or college for a minimum period of five years, or

(c) has been a 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 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 officer 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.”

3. By a resolution passed by the said Municipal Council on 6th January 2012, the sixth respondent was nominated as a Nominated Councillor of the said Municipal Council.

4. We have heard the learned counsel for the petitioner. The challenge by the learned counsel for the petitioner is on the following grounds:

(A) Along with the nomination form, the sixth respondent submitted recommendations/letters of the three non Government Organizations (i) Maharshi Vivekanand Samajkalyan Sanstha, Akkalkot (ii) Shri Phatesinha Shikshan Sanshta, Akkalkot and (iii)Seva Sanstha (Social Educational, Economical & Environmental Welfare Association), Kurnoor. None of these three organizations are working within the area of the said Municipal Council.

(B) The sixth respondent does not possess any special knowledge or experience in the municipal administration. No document showing that he possesses the said qualification was produced by the sixth respondent along with the nomination form.

(C) As per clause (g) of Rule 4 of the said Rules, the sixth respondent ought to have produced documents to show that he has experience of not less than 5 years as an Office Bearer of a non-Government Organization registered under the Bombay Public Trust