ORDER :

1. The learned Single Judge of this Court in a case of Pradeep S/o Walchand Raka vs. Bhiwandi Nizampur Municipal Corporation in Writ Petition No. 2030 of 2015 (Principal seat at Bombay) under its judgment and order dated 13-7-2018 held that, the councillor who is nominated cannot incur the disqualification for having more than two children under the Act.

2. The said judgment was referred to in a case of Sonal Dilip Shinde vs. State of Maharashtra in Writ Petition No. 4065 of 2020 (at Aurangabad Bench). In the said case the petitioner was aggrieved by the order passed by the Additional Divisional Commissioner holding that the petitioner has incurred disqualification under section 10(1)(E) of the Maharashtra Municipal Corporation Act, 1949 (for the sake of brevity hereinafter referred as to the “Act 1949”) as she failed to submit the election expenses and as such stands disqualified. The learned Single Judge dealing with the said case was of the view that the nominated councillor also is subject to disqualifications as are applicable to an elected councillor. In the light of that, the learned Single Judge has referred the matter for consideration before the Division Bench. Acco