1. This petition is yet another case brought to this Court questioning recognition by a Mayor of a Municipal Corporation of a Municipal Councilor as “a Leader of Opposition”. The petitioner also seeks writ of mandamus against the Mayor to recognise the petitioner, in place of the contesting respondent as a leader of opposition.

2. The facts of the case are very few and can be set out as under-

The 1st respondent herein is the Municipal Corporation of the City of Pune, (hereinafter referred to as “the Corporation” for the sake of brevity) incorporated under the provisions of Bombay Municipal Corporation Act, 1949 (hereinafter referred to as the “said Act”, for the sake of brevity). The 2nd respondent is the Commissioner of the said Corporation. 5th respondent is the Divisional Commissioner of Pune Revenue Division, Pune and the 6th respondent is the State.

3. The general elections for electing counselors, of the said Corporation was conducted on 14th February, 2007. The petitioner, 3rd & 4th respondents were elected as the counselors at this election. The total strength of counselors of the said Corporation is 144. The respective strength of counselors of various political p