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2003 Supreme(Bom) 369

C.K.THAKKER, D.Y.CHANDRACHUD
Rohidas Shankar Patil & another – Appellant
Versus
Mayra Gilbert Mendosa & others – Respondent


JUDGMENT - THAKKER C.K., C.J.:---This petition is filed by the petitioner for quashing and setting aside a decision of respondent No. 1 dated November 20, 2002, recognising respondent No. 4 as the Leader of Opposition in the Municipal Corporation of Mira Bhayandar.

2. The petitioner has approached this Court by invoking Article 226 of the Constitution stating therein that he is the leader of Bharatiya Janata Party (BJP) in the Municipal Corporation of the City of Mira Bhayandar, respondent No. 2 herein. Respondent No. 2 is a Corporation created and established under section 5 of the Bombay Provincial Municipal Corporations Act, 1949 (hereinafter referred to as the Act). Respondent No. 1 is Mayoress of respondent No. 2, elected under section 19 of the Act. Respondent No. 1 has recognised respondent No. 4 as the Leader of Opposition. The said decision is challenged by the petitioner being unlawful and contrary to law as the petitioner ought to have been recognised as the Leader of Opposition.

3. The case of the petitioner is that general election of respondent No. 2 Corporation was held on August 11, 2002. Various political parties participated. Indian National Congress (INC) and Natio


















































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