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2007 Supreme(Bom) 155

R.M.BORDE, NARESH H.PATIL
DATABHAU s/o ANNASAHEB PATHRIKAR – Appellant
Versus
State of Maharashtra – Respondent


JUDGMENT

R. M. BORDE, J. :- Rule. Rule made returnable forthwith. With the consent of the learned counsel for the parties, this petition is heard finally at the stage of admission.

2. The petitioner by filing this petition has assailed the order passed by the Mayor, Municipal Corporation, Aurangabad (respondent No.3) granting recognition for appointment as a leader of opposition in favour of respondent No. 4 in exercise of powers under section 19(1)(AA) of the Bombay Provincial Municipal Corporation Act (hereinafter referred as the 'Act'.).

3. The petitioner is elected member of Municipal Corporation, Aurangabad. The elections to the Municipal Corporation were held on 10-42005. It is stated that one Shri Tarvindarsingh Dhillan was declared as a leader of opposition by the Mayor of Municipal Corporation, Aurangabad. According to the petitioner, recognition in favour of Shri Dhillan as a leader of opposition was contrary to the established procedure as, at the relevant time, the petitioner was nominated to be the leader of opposition by the party High Command. The petitioner further contends that infact he was chosen as a leader so as to discharge the functions of the leader of oppos






























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