S. A. BOBDE, J.

The petitioner - Sanjay Devram Bhoir has approached this court, inter alia, for a writ of mandamus directing the respondent nos.1 to 4 i.e. Divisional Commissioner, Navi Mumbai, the Thane Municipal Corporation through its Municipal Commissioner, Mayor - Thane Municipal Corporation along with the Municipal Secretary to recognize and consider Lokshahi Aghadi as one unit for the purpose of nominating members to various committees mentioned in Section 31 A of the Bombay Provincial Municipal Corporation Act, 1949. The petitioner has also made a prayer directing the respondent no. 1 Divisional Commissioner not to recognize Indian National Congress as a separate group in Thane Municipal Corporation for the remainder of the tenure i.e. 2012 - 2017.

2. The only question that arises is whether, in fact, an Aghadi known as “Lokshahi Agadhi” has been formed as a post-poll alliance within the meaning of Section 31 A of the Act.

3. Section 31 A reads as follows:

"31A. Appointment by nomination on Committees to be by proportional representation - (1) Notwithstanding anything contained in this Act or the rules or bye-laws made there under, in the case of the following Committees, except where it is provided by this Act, that the appointment of a Councillor to any Committee shall be by virtue of his holding any office, appointment of Councillors to these Committees, whether in regular or casual vacancies, shall be made by the Corporation by nominating Councillors in accordance with the provisions of subsection (2):-

(a) Standing Committee;

(b) Transport Committee;

(c) Any Special Committee appointed under section 30;

(d) Any ad hoc Committee appointed under section 31.

(2) In nominating the Councillors on the Committee, the Corporation shall take into account the relative strength of the recognized parties or registered parties or groups and nominate members, as nearly as may be, in proportion to the strength of such parties or groups in the Corporation, after consulting the Leader of the House, the Leader of Opposition and the leader of each such party or group:

Provided that, nothing contained in this sub-section be construed as preventing the Corporation from nominating on the Committee any member not belonging to any such party or group:

Provided further that, for the purpose of deciding the relative strength of the recognized parties or registered parties or groups under this Act, the recognized parties or registered parties or groups, or elected Councillors not belonging to any such party or group may, notwithstanding anything contained in the Maharashtra Local Authority Members Disqualification Act, 1986 (Mah. XX of 1987), within a period of one month from the date of notification of election results, form the aghadi or front and, on its registration, the provisions of the said Act shall apply to the members of such aghadi or front, as if it is a registered pre-poll aghadi or front.

(3) If any question arises as regards the number of Councillors to be nominated on behalf of such party or group, the decision of the Corporation shall be final."

As is apparent, the provision is enacted to provide for the proportion in which members from various recognized parties or groups should, be nominated on the Committees mentioned therein. The main feature of the provision is that the nomination should be in proportion to the strength of said parties or groups in the said Corporation. Not only parties or groups, but the provision takes into account the political reality of recognized and registered parties and groups getting together and forming an Association or an Aghadi after the polls. The second proviso provides that a post-poll Association or Aghadi may be formed by recognized parties or registered parties or groups within one month from the date of the notification of the result notwithstanding the provisions of the Maharashtra Local Authority Members Disqualification Act, 1986. The proviso provides that from the date of formatio