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2002 Supreme(Bom) 1200

D.S.ZOTING, S.B.MHASE
Abdul Rashid Abdul Sattar & others – Appellant
Versus
Vikas Ratanlal Jain & others – Respondent


JUDGMENT - MHASE S.B., J.:---Heard Mr. K.C. Sant, and Mr. P.R. Kateshwarkar, learned Counsel for petitioners in respective petitions, Mr. Goolam Wahanvati, learned Advocate General with Mr. E.P. Savant, Government Pleader and Mr. S.D. Kaldate, A.G.P., Mr. Mandlik, Mr. Soman, Mr. S.R. Barlinge and Mr. A.S. Golegaonkar, learned Counsel for respective respondents.

2. Both these writ petitions are pertaining to the provisions of section 19-IAA of the Bombay Provincial Municipal Corporations Act, 1949, and therefore, are being disposed of by common judgment. Writ Petition No. 2581 of 2002 is filed by the petitioners who are Corporators of Aurangabad Municipal Corporation elected in the elections which were held in the year 1999, belonging to Congress (I) Party. It appears that as per the practice then prevailing, the then Mayor, Mr. Karad, designated the petitioner No. 2 as a Leader of Opposition in the Municipal Corporation, Aurangabad and by the letter dated 17-5-2001 the Mayor informed that except party in power the 23 Corporators from the opposition have consented for the appointment of the petitioner No. 2 as a Leader of Opposition and accordingly the Mayor issued a letter to that





































































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