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2003 Supreme(Bom) 1358

V.C.DAGA, S.B.DESHMUKH
Vishnu Shivram Mehere – Appellant
Versus
City of Akola Municipal Corporation & others – Respondent


JUDGMENT - DAGA V.C., J.:-Rule, returnable forthwith.

Heard by consent of parties.

2. The petitioner is challenging the decision of respondent No. 2, dated 22nd August, 2003 recognising the respondent No. 3 as the Leader of Opposition in the Municipal Corporation of Akola, the respondent No. 1 (the Corporation for short).

FACTUAL SCENARIO :

3. The factual scenario depicts that the respondent No. 2 is holding office of Mayor of the respondent No. 1, the Corporation, established under section 5 of the Bombay Provincial Municipal Corporations Act, 1949 (hereinafter referred to as the Act for short).

4. The general election of the respondent No. 1 Corporation was held sometime in the month of February 2002. The petitioner contested as authorised candidate of Congress (I) and got duly elected as Municipal Corporator from Ward No. 22-C. The respondent No. 2 has recognised respondent No. 3 as a Leader of Opposition. This decision is the subject matter of challenge in this petition under Articles 226 and 227 of the Constitution of India.

5. The party scenario of various other political parties or fronts or aghadi in respondent No. 2 Corporation is catalogued hereinbelow :

Congress (I) ..........












































































































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