Case Note & Summary
The petitioners, Rajaram Appa Patil and Mangesh Sudhakar Tambe, filed a writ petition challenging the nomination of two councillors to the Municipal Council, Parola by the President (Respondent No.3) without consulting the leader of the Shivsena party. The petitioners were elected as councillors of the Shivsena party in the general elections held on 28.11.2016. Petitioner No.1 was the leader of the Municipal party/Aaghadi. Five councillors were elected of the Shivsena party, which was registered in the Municipal Council under Section 63(2B) of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965. The President nominated two councillors without consulting the leader of the party. The petitioners contended that the nomination was illegal and contrary to Section 63(2B). The respondents argued that the President had the power to nominate and that consultation was not mandatory. The court analyzed Section 63(2B) and held that the provision mandates consultation with the leader of the party before nomination. The court found that the President failed to consult the leader of the Shivsena party, rendering the nominations illegal. The court allowed the writ petition, quashed the nominations, and directed the President to make fresh nominations after consulting the leader of the party. The court also disposed of the civil application.
Headnote
A) Municipal Law - Nomination of Councillors - Section 63(2B) of Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 - Consultation with Leader of Party - The President of the Municipal Council nominated two councillors without consulting the leader of the Shivsena party, which had five elected councillors and was a registered party. The court held that the nomination was illegal as the President failed to consult the leader of the party as required under Section 63(2B). The nominations were quashed and set aside. (Paras 1-6)
Issue of Consideration
Whether the nomination of two councillors to the Municipal Council, Parola by the President without consulting the leader of the Shivsena party is valid under Section 63(2B) of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965?
Final Decision
The writ petition is allowed. The nominations of the two councillors made by the President without consulting the leader of the Shivsena party are quashed and set aside. The President is directed to make fresh nominations after consulting the leader of the party. Rule made absolute. Civil application disposed of.
Law Points
- Consultation with leader of party is mandatory before nomination of councillors under Section 63(2B) of the Maharashtra Municipal Councils
- Nagar Panchayats and Industrial Townships Act
- 1965
- Nomination without consultation is illegal and liable to be set aside
