State Act

The Maharashtra Municipal Corporations Act

5. Constitution of Corporation.— (1) Every Corporation shall, by the name of the “The Municipal Corporation of the City of .................”, be a body corporate and have perpetual succession and a common seal and by such name may sue and be sued. 5[(2) Each Corporation shall consist of,— (a) such number of councillors, elected directly at ward elections, as is specified in the table below :— 6[TABLE Population Number of Councillors (1) (2) (i) Above 3 lakhs and upto 6 lakhs The minimum number of elected councillors shall be 65. For every additional population of 15,000 above 3 lakhs, there shall be one additional councillor, so however that, the maximum number of elected councillors shall not exceed 85. (ii) Above 6 lakhs and upto 12 lakhs The minimum number of elected councillors shall be 85. For every additional population of 20,000 above 6 lakhs, there shall be one additional councillor, so however that, the maximum number of elected councillors shall not exceed 115. (iii) Above 12 lakhs and upto 24 lakhs The minimum number of elected councillors shall be 115. For every additional population of 40,000 above 12 lakhs, there shall be one additional councillor, so however that, the maximum number of elected councillors shall not exceed 151. (iv) Above 24 lakhs and upto 30 lakhs The minimum number of elected councillors shall be 151. For every additional population of 50,000 above 24 lakhs, there shall be one additional councillor, so however that, the maximum number of elected councillors shall be 161. (v) Above 30 lakhs The minimum number of elected councillors shall be 161. For every additional population of 1 lakh above 30 lakhs, there shall be one additional councillor, so however that, the maximum number of elected councillors shall be 175.] (b) such number of nominated councillors 1[not exceeding ten per cent. of the total number of elected councillors or ten, whichever is less], having special knowledge or experience in Municipal Administration to be nominated by the Corporation in such manner as may be prescribed]. (3) The 2[State Government with the approval of the State Election Commissioner] shall, from time to time, by notification in the Official Gazette, specify for each City the number and boundaries of the wards into which such City shall be divided for the purpose of the ward election of councillor 3[so that as far as practicable, all wards shall be compact areas and the number of persons in each ward according to the latest census figures shall approximately be the same.] Each of the wards shall 4[elect only one Councillor ;] 5[Explanation.— For the purposes of this Act, the expression “latest census figures” obtaining in sub-section (3), shall mean,— (a) the figures of the latest census finally published and pending publication of final figures of the latest census shall mean the provisional figures published of such census ; and (b) where the relevant final or provisional figures of the latest census are not available, the final relevant figures of the census immediately preceding the latest census :] 6[Provided that, after the commencement of the Maharashtra Municipal Corporations (Amendment) Act, 2024 (Mah. XXIII of 2024), in respect of general elections to the Corporations, each of the wards shall elect as far as possible four Councillors, but not less than three and not more than five Councillors, and each voter shall, notwithstanding anything contained in this Act, be entitled to cast the same number of votes, as the number of Councillors to be elected in his ward :] 7[ 8[Provided further that], no notification issued under sub-section (3), whether before or after the commencement of the Maharashtra Municipal Corporations, Municipal Councils, Nagar Panchayats and Industrial Townships (Third Amendment) Act, 1995 (Mah. XI of 1996), shall have effect except for the general election held next after the date thereof and for subsequent elections :] 1[* * * *] 2[Provided also that before any notification is issued under sub-section (3), a draft thereof shall be published in the Official Gazette, and in such other manner as in the opinion of the 3[State Government with the approval of the State Election Commissioner] is best calculated to bring the information to the notice of all persons likely to be affected thereby, together, with a notice specifying the date on or before which any objections or suggestions will be received, and the date after which the draft will be taken into consideration.] 4[(4) Notwithstanding anything contained in sub-section (3) or any other provisions of this Act, where the area of a City has been extended after the General Elections, an election to provide for representation to the people of the extended area may be held as soon as practicable, and the provisions of sub-section (3) shall, mutatis mutandis, apply to such election : Provided that, the total number of wards in the city including the wards newly constituted for the extended area under this sub-section shall not exceed the number of electoral wards specified in the Table in clause (a) of sub-section (2) : Provided further that, the population of the wards newly constituted under this sub-section may marginally exceed or be below the average population of the other wards : Provided also that, the terms of the Councillors elected from the wards newly constituted under this sub-section shall be co-terminus with the term of the Corporation. (5) No elections under sub-section (4) shall be held if the remainder of the tenure of the Corporation is less than one year.]