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2012 Supreme(Bom) 1343

S.A.BOBDE, MRIDULA BHATKAR
Sanjay Devram Bhoir – Appellant
Versus
Divisional Commissioner – Respondent


Advocates Appeared:
Mr. P.K. DHAKEPHALKAR, Senior Advocate, Mr. A.A. KUMBHAKONI, Mr. L.M. ACHARYA and Mr. SACHIN DHAKEPHALKAR i/by SATHYAM ACHARYA for Petitioner.
Mr. C.R. SONAWANE, AGP for Respondent State.
Mr. A.Y. SAKHARE, Senior Advocate a/w Mr. N.R. BUBNA for TMC.
Mr. JANAK DWARKADAS, Senior Advocate a/w Mr. S.M. OAK i/by Mr. SAGAR JOSHI for Respondent no. 4.
Mr. A.V. ANTURKAR a/w Mr. AMIT BORKAR, ZOEB CUTLERLYWALA and SANDIP PATHAK i/b M/s. ALMT LEGAL for Respondent no.6.

JUDGMENT

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 Committ













































































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