Advocates:
['JADHAVAR SANTOSH S', 'COPY SERVED ON GP', '', 'G P', 'R/ TO SERVED', 'PATIL MILIND M BEEDKAR', 'PATIL MILIND M BEEDKAR', 'SABNIS AMEYA N AND M M KADTU', 'CHANDAK RAVIRAJ R', 'FOR R', 'for R', 'BORA SATYAJIT S']

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

WRIT PETITION NO. 8606 OF 2012

Pratima Prabhakarrao Borikar

)

Age 52 years, Occ. Advocate,

)

R/o. Krishi Sadhya Colony,

)

Basmat Road, Parbhani

) … Petitioner

Versus

1. State of Maharashtra

)

Through its Secretary, Department of

)

Urban Development, Mantralaya,

)

Mumbai.

)

2.The Municipal Corporation, Parbhani

)

through its Commissioner.

)

3. Sayyed Sami Sayyed Sahebjan,

)

Age 36 years, Occu.Business,

)

R/o.Vakil Colony, Shahimasjid,

)

Parbhani.

)

4.Sachin Sudhakar Ambilwade,

)

Age 42 years, Occ. Business,

)

r/o.Subhash Road, Parbhani

)

5.Vikhar Ahmed Khan Mohammed

)

Akbar Inamdar, Age 40 years, Occ.

)

Business, R/o. Azad Colony, Parbhani

)

6.Mohammad Nadim Mohammad Khalil

)

Inamdar, Age 43 years, Occ. Business,

)

r/o.Inamdar Colony, Kadrabad Plot,

)

Parbhani.

)

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7.Navneet Prabhakarrao Pachpor,

)

Age 42 years, Occ. Business,

)

R/o. Wadgalli, Parbhani.

) ... Respondents

Shri S.S. Jadhavar, for petitioner.

Shri V.D. Godbharale, A.G.P., for respondent No.1.

Shri S.S. Bora, for respondent No.2.

Shri M.M. Patil Beedkar for respondent Nos.3 and 7.

Shri A.N. Sabnis for respondent No.4.

Shri P.S. Lakhotiya holding for Shri R.R. Chandak for respondent Nos.5

and 6.

CORAM : MOHIT S. SHAH, C.J. &

S.B. DESHMUKH, J.

JUDGMENT RESERVED ON : 14 MARCH, 2013

JUDGMENT PRONOUNCED ON: 26 MARCH, 2013.

JUDGMENT: (Per Chief Justice)

The petitioner, resident of Parbhani, an Ex-Councillor of the

Parbhani Municipal Corporation and practicing Lawyer at District Court

Parbhani, has challenged the nomination of respondent Nos.3 to 7 as

Councillors of Parbhani Municipal Corporation under the Maharashtra

Municipal Corporations (Qualifications & Appointment of Nominated

Councillors) Rules, 2012.

2.

After general elections of the Parbhani Municipal

Corporation, the meeting of the Councillors was held on 26 June 2012 to

nominate 5 persons as Municipal Councillors of Parbhani Municipal

Corporation. By Resolution dated 26 June 2012, the elected Councillors

nominated respondent Nos.3 to 7 as Councillors all of them being office

bearers of N.G.Os., rendering social services and having 5 years

experience in the field.

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3.

Section 5(1)(b) of the Maharashtra Municipal Corporations

Act, 1949 provides for nomination of Councillors. The Rules framed under

the said Act and other Acts governing the nomination of members under

the other Municipal Corporations Acts in the State of Maharashtra are the

Maharashtra Municipal Corporations (Qualifications and Appointment of

Nominated Councillors) Rules, 2012. The relevant Rules 3, 4 and 5 read

as under:-

“3. Meeting for nomination of Councillors:- Subject

to the provisions of rule 4, the Corporation shall, in the

first meeting of the Corporation after the election of the

Mayor and Deputy Mayor, after general elections,

nominate five persons to be nominated Councillors.

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, Head-master, etc. of a recognized

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

(c) has been 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 degr