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Reportable

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.1192 OF 2012

(Arising out of Special Lave Petition (Civil) No.14988 of 2011)

Jeevan Chandrabhan Idnani & Anr.

…Appellants

Versus

Divisional Commissioner, Konkan Bhavan & Ors.

….Respondents

J U D G M E N T

CHELAMESWAR, J.

Leave granted.

2.

The interpretation and purport of the second proviso to Sub-section(2) of Section

31(A) of the Bombay Provincial Municipal Corporation Act, 1949 (hereinafter

referred to as “Municipal Corporation Act”) falls for the consideration of this Court.

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3.

The constitution of the “Municipal Corporations”¹ (in the State of Maharashtra),

their powers, functions and various allied matters are regulated by the above-

mentioned Act. Section 5(2)² of the Act declares, every “Corporation” shall consist of a

definite number of elected and a few nominated councillors. The number of elected

Councillors with respect to any Corporation is determined on the basis of the

population of that Municipal Corporation. The case on hand pertains to the Ulhasnagar

Municipal Corporation, the third respondent herein, which has a total of 76 elect