D. D. SINHA, J.

( 1 ) RULE. Rule made returnable forthwith by consent of parties.

( 2 ) HEARD Mr. Gordey, learned counsel for the petitioner, Mrs. Dangre, learned A. G. P. , for respondent No. 1, Mr. Ghare, learned counsel for respondent no. 2, Mr. Borkar learned counsel for respondent No. 3 and Mr. Madkholkar learned counsel for intervenor.

( 3 ) THE facts which are relevant for adjudication are as under :- the petitioner has been recognized by respondent No. 3 as Leader of opposition of Akola Municipal Corporation in the year 2003. This decision was challenged by Vishnu Shivram Mehere by filing Writ Petition No. 3418 of 2003 in this Court. This Court decided the said writ petition vide judgment dated 8-12-2003 reported in 2003 (5) Mh. L. J. 522 = 2004 (3) All MR 151. The issues involved in the said writ petition are reflected in para 30 of the judgment which reads thus -" (A) Whether under section 19-1aa, the Mayor has a power to recognise an elected councillor, who is, for the time being Leader of the Party in opposition having next highest numerical strength in the event of refusal by an elected councillor who is for the time being the Leader of the Party in opposition,