BHARATI H. DANGRE, J.

1. All the three Writ Petitions pose a challenge to Ordinance No.IX of 2016 and has sought a relief of declaring the said Ordinance as ultra vires, arbitrary and capricious. Writ Petition No.9896 of 2016 and 7259 of 2016 came to be amended and seek to challenge Maharashtra Act No. IX of 2017. Since the writ petitions revolve around the same issue, they are clubbed together and heard together.

2. The Writ Petition No.7259 of 2016 filed by an Advocate and Office bearer of the political party i.e. “The Bharip Bahujan Mahasangh” registered with the Election Commission of India and also the State Election Commission, seeks Quashment of Act No. IX of 2017, which amends the provisions of the Maharashtra Municipal Corporation Act and the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965.

The challenge in the petition is to the amendment effected in Section 5 of the Maharashtra Municipal Corporation Act by inserting a proviso to subsection (3), thereby permitting election of four councillors, as far as possible, but not less than three and not more than five councillors in the general election to the Corporation and enabling each voter to cast same number of votes as the number of councillors to be elected in his ward. Further, the challenge is also posed to insertion of Section 51A-1A, to the Municipal Councils Act, thereby introducing a provision for direction election of President. Similar provision introduced by way of proviso to Section 10 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 is also assailed. By the said proviso, a provision for multiple councillors in a ward has been introduced in the enactment.

The Writ Petition also takes an exception to the State Government being conferred with the power to introduce two different election systems for the municipal area under all the Municipal Acts and in particular to the Bombay Provincial Municipal Corporation Act 1949 and the challenges that two different election system for different Municipal election violates Article 14 of the Constitution. The reliefs sought in the petition in the prayer clause are reproduced below :

(a) That this Hon'ble Court be pleased to issue a Writ of Certiorari or any other Writ or Appropriate nature or direction or order in the nature of quashing and or setting aside the impugned Act IX/2017 which is annexed as Exhibit “A” hereto.

(b) That this Hon'ble court be pleased to declare that the State Government does not have the power to introduce two different election systems for the Municipal Area either under the All the Municipal Act and in particular to the Bombay Provincial Municipal Act, 1949.

(c) That this Hon'ble Court be pleased to declare that State neither Government nor the State Legislature has the power to grant voting right to the natural citizen.

(d) That this Hon'ble Court be pleased to declare that the granting of more than one vote is illegal and without necessary powers under the constitution.

(e) That it be declared that the preparation of the wards as stated in the Act IX/2017 at page no.64A to 64H Ex. “A” is alter Virus the Article 243R of the Constitution.

(f) Pending the hearing and final disposal of the Writ Petition, the Respondent No.1 be restrained from holding and conducting the municipal election when due.

(g) The Petitioner states that the amendment to subsection 3 of section 5 be declared as illegal and bad in law.

(h) That the amendment to subsection 3 of section be declared as beyond the power and jurisdiction of the respondent no.1.

(i) That it be declared that the Formation of the wards is a single member constituency under Article 243-R.

(j) It be declared that the state legislature does not have the powers to interpretation Article 243-R.

(k) It be declared that the Respondent No.1 has no right and powers under the constitution to grant right to vote.

(l) It is to be declared that the legislature does not have the powers to