1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5297 OF 2008 WRIT PETITION NO.5297 OF 2008 WRIT PETITION NO.5297 OF 2008 Shri Arun Balaso Killedar .. Petitioner. vs. The State of Maharashtra & Ors. .. Respondents Mr.R.S.Apte, Sr.Advocate i/b Mr.Vaibhav Patankar for the petitioner Ms.M.P.Thakur, A.G.P. for respondent nos.1 to 3 CORAM: J.N. PATEL, & CORAM: J.N. PATEL, & CORAM: J.N. PATEL, & S.J. KATHAWALLA, JJ. S.J. KATHAWALLA, JJ. S.J. KATHAWALLA, JJ. DATE: 8TH DECEMBER, 2008. DATE: 8TH DECEMBER, 2008. DATE: 8TH DECEMBER, 2008. P.C. 1. Heard. 2. The petitioner who is member of the Education Committee of the Municipal Council of Mangalwedha has impugned a resolution dated 26.12.2006 wherein the Mangalwedha Municipal Council resolved to appoint members of various committees. The petitioner is particularly interested in challenging nomination of respondent nos.5 and 6 who are nominated as members of 2 the Municipal Council. 3. The learned counsel appearing for the petitioner has drawn the attention of this court to a decision rendered by Division Bench of this court in the case of Gajanan Bhaurao Waghmare and Another v. Gajanan Bhaurao Waghmare and Another v. Gajanan Bhaurao Waghmare and Another v. State of Maharashtra and others reported in 2008 (3) State of Maharashtra and others reported in 2008 (3) State of Maharashtra and others reported in 2008 (3) Mah.L.J.225 Mah.L.J.225 Mah.L.J.225 wherein Rules 3 and 5 of the Maharashtra Municipal Council and Nagar Panchayat (Qualifications and Appointments of Nominated Councillors) Rules 2006 came under scrutiny and were struck down being contrary to the mandate of section 9(1)(b) of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965. 4. It is submitted that in Gajanan Bhaurao Waghmare and another vs. State of Maharashtra’s case, this court has held that the Collector could not be vested with powers of the Council to nominate councillors under section 9(1)(b) of the Act and can only be done by the Council. On going through the copy of the minutes of the meeting held on 26.12.2006 of the respondent Municipal Council, we find that the decision to nominate Councillors under section 9(1)(b) of the 3 said Act has been exercised by the Council and not by the Collector merely because no voting took place and the resolutions were passed by consensus, it would not vitiate the nomination of the members of various committees. Therefore, we find no merits in the petition. The same is dismissed. (J.N. Patel, J.) (J.N. Patel, J.) (J.N. Patel, J.) (S.J. Kathawalla, J.) (S.J. Kathawalla, J.) (S.J. Kathawalla, J.)