2016 (3) ABR 51 ::(2016) 3 AllMR 314 (BOM) ::(2016) 3 Bom CR 481 ::(2016) 2 Mah LJ 708

Bombay High Court

Hon'ble Judge(s): S. C. Dharmadhikri, K. R. Shriram, B. P. Colabawalla , JJJ

(A) Maharashtra Municipal Corporations Act (59 of 1949) S. 16 — Maharashtra Municipal Council, Nagar Panchayat and Industrial Township Act (40 of 1965), S 21 — Election dispute — Election/nomination of nominated councillor — Challenged as to — Remedy of election dispute under S 16 of 1949 Act and S 21 of 1945 Act — Is available to voter entitled to vote in general ward election 2014 (5) Bom CR 474, Overruled The remedy of election dispute under S. 16 of the MMC Act 1949 or S. 21 of the Municipal Councils Act, 1965 is available to a voter entitled to vote in General Ward election to dispute or question the nomination of nominated Councillor. 2014 (5) Bom CR 474, Overruled. W. P. No. 5665 of 2002, D/- 20-9-2003 (Bom) Affirmed. (Paras 96, 77, 80, 81, 82) It cannot be said that the nominated Councillor having been elected by an indirect process the question of his qualification or the process of his appointment is out of the purview of S. 16 of the MMC Act. It is not correct to presume that the residents or voters at a direct election would not be interested in questioning the qualification of any person nominated to be a Councillor. (Paras 46, 52) A narrow or restricted meaning cannot be given to the term or word ' œelection' ? appearing in S. 16 of 1949 Act. If the section provides the remedy to question the election, then, to make a distinction as is sought between ' œelection' ? and ' œnomin .....