The main legal point established in the judgment is the requirement to nominate members to Committees, such as the Standing Committee, by proportional representation based on the relative strength of recognized parties or groups, as prescribed by Section 31-A of the Maharashtra Municipal Corporation Act, 1949.

JUDGMENT :

G.S. KULKARNI, J.

1. Rule returnable forthwith. Respondents waive service. By consent of the parties and at their request taken up for final hearing.

2. The petitioner who is an elected councillor of the Nashik Municipal Corporation (for short ‘the NMC’) and who belongs to a political party by name Shiv-Sena, is before the Court assailing a resolution of the General Body of the NMC dated 24 February 2020 [Resolution no.196] (for short ‘the said resolution’), to the extent that there is a shortfall to nominate one Councillor belonging to the Shiv- Sena on the Standing Committee, of the municipal corporation and instead a nomination of one Councillor from the Bharatiya Janata Party has been made.

3. Briefly, the case of the petitioner is that the General Ward elections of the NMC for total 122 seats were held in the year 2017. In such election, 66 candidates came to be elected belonging to the Bharatiya Janata Party; 35 candidates were elected from the Shiv-Sena. The elected candidates (councillors) were registered under the Maharashtra Local Authorities Members Disqualification Rules,1987 (for short ‘the 1987 Rules’). The petitioner contends that once a group of elected councillors is registered under the provisions of the 1987 Rules, they secure the benefit of Section 31-A of the Maharashtra Municipal Corporation Act, 1949 (for short ‘the 1949 Act’) for nomination on the standing committee of the municipal corporation.

4. The total number of members of the “Standing Committee” of the NMC is fixed at 16 as per the provisions of Section 20 of the 1949 Act, which interalia provides that one half members of the Standing Committee would retire by rotation every year. Section 31-A provides for a method and mode of appointment of the Councillors on the standing committee, by nomination, on the relative strength of each party, aghadi or group.

5. The petitioner contends that there were 66 councillors belonging to the Bharatiya Janata Party, registered under the 1987 Rules. On the basis of such numbers, the said party was entitled to have 9 councillors on the 16 member standing committee, till the year 2019- 20, and the Shiv-Sena on the basis of their 35 elected councillors were entitled for 4 councillors on the standing committee. However, one of the elected councillor belonging to Bharatiya Janata Party by name Smt.Saroj Ahire who contested election from Ward no.22-A resigned, to contest elections of the Maharashtra Legislative Assembly. One more elected councillor of the Bharatiya Janata Party Smt.Shantabai Hire, who had contested election from Ward No.4-A expired on 29 December 2019. Thus, there was a reduction of two elected councillors belonging to Bharatiya Janata Party, thereby making the total number of elected councillors of Bharatiya Janata Party at 64. Subsequently, there was a by-election in respect of one of the vacant wards (Ward no.22-A) in which a candidate belonging to the NCP, was elected. There was no byelection in respect of the other ward in which a vacancy had arisen, and as noted above.

6. The petitioner has contended that the State Government upon a representation of the group leader of the Shiv-Sena, issued a letter dated 20 February 2020 to the Mayor and the Commissioner of the NMC to abide by the provisions of Section 31-A of the 1949 Act while nominating members on the Standing Committee. The group leader of the petitioner’s political party/Shiv-Sena by his letter dated 24 February 2020 brought to the notice of the Divisional Commissioner, information about the reduction of the strength of Bharatiya Janata Party candidates. The Divisional Commissioner replied to the said letter by his letter of even date, that a report in that regard is called for, from the group leader of the Bharatiya Janata Party.

7. Thereafter the Municipal Secretary of the NMC on 17 February 2020 issued a notice calling for a Ge