A Division Bench comprising Chief Justice D Y Chandrachud and Justice P K S Baghel passed the order on a petition filed by Yogesh Mittal who had challenged the proviso, stipulated in Section 9 (1) (d) of the Act.
The court passed the order, concurring with the petitioner's submission that rights given to elected members could not be extended to nominated ones as it would be in violation of Article 243-R of the Constitution, which pertains to composition of municipalities in the country.