Section 50S in The Mumbai Municipal Corporation Act, 1888
50S. Elections to Committees to be by proportional representation.
- [(1)] [Section 50-S was renumbered as sub-section (1) and this portion was substituted for 'shall be made by the Corporation by holding elections in accordance with the system of proportional representation by means of a single transferable vote, at which voting shall be by secret ballot. The Corporation may make rules to regulate all matters for holding such elections:-' by Maharashtra 11 of 2007, Section 5(a), (w.e.f. 27-2-2007).] Notwithstanding anything contained in this Act or the bye-laws made thereunder in the case of the following Committee, except where it is provided by this Act that the appointment of a Councillor to any Committee shall be by virtue of his holding any office, the appointment of Councillors to these Committees whether in regular or casual vacancies, [shall be made by the Corporation by nominating Councillors in accordance with the provisions of sub-section (2)] [Section 50-S was renumbered as sub-section (1) and this portion was substituted for 'shall be made by the Corporation by holding elections in accordance with the system of proportional representation by means of a single transferable vote, at which voting shall be by secret ballot. The Corporation may make rules to regulate all matters for holding such elections:-' by Maharashtra 11 of 2007, Section 5(a), (w.e.f. 27-2-2007).]:-(1)Any consultative Committee appointed under section 38.(2)Any Special Committee appointed under section 38A.(3)The Standing Committee(4)Improvements Committee(5)The Brihan Mumbai Electric Supply and Transport Committee.(6)The Education Committee.(2)[ In nominating the Councillors on the Committee, the Corporation shall take into account the relative strength of the recognized parties or registered parties or groups and nominate members, as nearly as may be, in corporation to the strength of such parties or groups in the Corporation, after consulting the Leader of the House, the Leader of Opposition and the leader of each such party or group:] [Inserted by Maharashtra 11 of 2007, Section 5(b), (w.e.f. 27-2-2007).][Provided that, the relative strength of the recognized parties or registered parties or groups or aghadi or front shall be calculated by first dividing the total number of Councillors by the total strength of members of the Committee. The number of Councillors of the recognized parties or registered parties or groups or aghadi or front shall be further divided by the quotient of this division. The figures so arrived at shall be the relative strength of the respective recognized parties or registered parties or groups or aghadi or front. The seats shall be allotted to the recognized parties or registered parties or groups or aghadi or front by first considering the whole number of their respective relative strength so ascertained. After allotting the seats in this manner, if one or more seats remain to be allotted, the same shall be allotted one each to the recognized parties or registered parties or groups or aghadi or front in the descending order of the fraction number in the respective relative strength starting from the highest fraction number in the relative strength, till all the seats are allotted:] [This proviso was substituted by Maharashtra 17 of 2012, Section 2, (w.e.f. 4-8-2012).]Provided further that, for the purpose of deciding the relative strength of the recognised parties or registered parties or groups, or elected Councillors not belonging to any such party or group may, notwithstanding anything contained in the Maharashtra Local Authority Members' Disqualification Act, 1986, within a period of one month from the date of notification of election results, form the aghadi or front and, on its registration, the provisions of the said Act shall apply to the members of such aghadi or front, as if it is a registered pre-poll aghadi or front.(3)If any question arises as regards the number of Councillors to be nominated on behalf of such party or group, the decision of the Corporation shall be final.
