Smt. Shubhangi Ananda Devmane And ANR. v. The Municipal Commissioner, Sangli, Miraj And Kupwad City Municipal Corporation And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11795 OF 2016 Smt. Shubhangi Ananda Devmane & Anr.

..Petitioners v/s.

The Municipal Commissioner, Sangli, Miraj & Kupwad City Municipal Corporation, Sangli & Ors..

..Respondents Mr.R.S.Alange for the Petitioner.

Mr.R.A.Salunkhe, AGP for the State.

Mr.S.S.Patwardhan for the Respondent No.3 Mr.G.K.Keluskar for the Respondent Nos.1 and 2. Mr.M.N.Sandhyanshiv for the Respondent No.4.

Mr.Vijay Killedar for the Respondent No.5 CORAM : RANJIT MORE & SMT. ANUJA PRABHUDESSAI,JJ.

DATED : OCTOBER 17, 2016.

P.C.

1.

The petitioner by this petition is challenging the resolution No.86 dated 1.9.2016 of the Sangli Miraj Kupwad City Municipal Corporation. By the said resolution, the Corporators whose names were proposed by the respective groups/parties were nominated on the Standing Committee.

2.

Mr. Alange, the learned Counsel for the petitioners submits that in accordance with the strength of the Corporators in the Municipal Corporation, 16 Corporators are required to be nominated, and out of these 16 members, 8 members retire every succeeding year. On retirement of these 8 candidates, the Corporation nominated six Corporators on the Standing Committee.

3.

The two candidates from the Swabhimani Party/Aghadi were not nominated at the time of said resolution on the ground that recognition of the said party was under a cloud. The inaction on the part of the Municipal Council in not nominating the Corporators from the Swabhimani Party/Aghadi was challenged by filing Writ Petition No.10487 of 2016. This petition was allowed in terms of prayer clause (b), whereby respondent nos.3 to 5 were directed to convene a meeting as per the provisions under Section 28, 31A of the Maharashtra Municipal Corporation Act and to appoint members of the Standing Committee of the said Municipal Corporation as per the guidelines issued under the Government circular. 4.

In pursuance of the order passed by this Court, the Municipal Corporation conveyed a General Body meeting on 15.10.2016, in

which Resolution No.107 was passed appointing two members from the Swabhimani Party/Aghadi.

5.

The only contention raised by Mr. Alange, learned Counsel for the petitioner is that the nomination of the candidate to the Standing Committee cannot be in piecemeal manner. He submits that all the candidates are required to be nominated at the same time. We don't find any merit in the contention, inasmuch as, 6 candidates were nominated on 1.9.2016 by virtue of resolution no.86 and two candidates were nominated subsequently in view of the order passed by this court in Writ Petition No.10487 of 2016. 6.

The petition is devoid of merits and accordingly dismissed. (ANUJA PRABHUDESSAI, J.) (RANJIT MORE, J.)