Oral Judgment: [A.H. Joshi, J.]

1. Rule. Rule is made returnable forthwith. Heard finally by consent.

2. Facts can be brieflydescribed as follows:-

[a] Petitioner is one amongst the group of Councilors belonging to respondent no.5, who is a section of Respondent no.4 - Bharip Bahujan Mahasangh, Akola.

[b] Admittedly, the respondent no.3 is the Group Leader of the Political Party in Corporation – respondent no.5.

[c] It is seen that the Party Leader of the Respondent No.4 - a political party - directed the respondent no.3 by letter dated 25th February, 2008 [Annex.IV], to nominate the petitioner as a Member of Standing Committee.

[d] This letter [Annex.IV] is regarded by the petitioner to be a whip as noted therein.

[e] Respondent No.3, who is a Group Leader, has nominated himself by letter dated 26th Feb., 2008 [Annex.V] in disregard of whip [Annex.IV].

[f] Based on the nomination done through Annexure-V, the respondent no.3 has been nominated on the Standing Committee by the respondent nos. 1 and 2.

3. The petitioner has challenged Annexure-V – own nomination by Respondent No.3 in this petition and as a result, has prayed for the relief, which reads as follows:-