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2003 Supreme(Bom) 551

R.K.BATTA, R.S.MOHITE
Dayashankar Chandrashekhar Tiwari & others – Appellant
Versus
Municipal Corporation of the City of Nagpur & others – Respondent


Judgment

MOHITE R.S., J.:---Rule. By consent, rule is made returnable forthwith by consent of the parties.

2. Heard learned Counsel for the respective parties.

3. This petition is a tale of a sordid and unfortunate drama which unfolds in two acts at two meetings of the Nagpur Municipal Corporation, held on 25-3-2003 and 29-3-2003, for the purpose of electing 16 members to the Standing Committee of the Nagpur Municipal Corporation. The dramatis person and the main protangonists in this drama are 30 member Corporators who belong to the B.J.P. group (main opposition group) 28 of whom are the petitioners and the Mayor of the Nagpur Municipal Corporation, Shri Vikas Thakre, who is arraigned as respondent No. 2 in this petition. Minor parts were played by the Commissioner of Nagpur Municipal Corporation, who is respondent No. 3 and other Corporators who were supporting the Congress group, which formed the ruling party group in the Nagpur Municipal Corporation.

4. The brief chronological sequence of facts which emerge from the record are as under:

(a) In February 2002, the elections of the Councillors for the city of Nagpur Corporation were held. The total strength of the house was 136 membe










































































































































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