ORDER :

A.A. Sayed, J.

1. The above Writ Petition is filed by the Petitioner essentially challenging the decisions of the Respondent No. 3-Mayor whereby the Petitioner has been removed from the post of Leader of the House of the Respondent No. 2-Bhiwandi Nizampur City Municipal Corporation and later replaced by the Respondent No. 4-Vikas Sakharam Nikam as a new Leader of the House.

2. The Respondent No.1 is the State of Maharashtra. The Respondent No.2 is Bhiwandi Nizampur City Municipal Corporation (hereinafter referred to as “Respondent No. 2-Corporation”), Respondent No.3 is the Mayor of the Respondent No. 2-Corporation. Respondent No. 4 is the newly appointed Leader of the House of the Respondent No. 2-Corporation in place of the Petitioner.

3. The Petitioner is an elected Councillor from Ward No.22-C of the Respondent No. 2-Bhiwandi Nizampur City Municipal Corporation in the elections held in the year 2017. On 22.01.2021, the Petitioner was appointed as a Leader of the House of the Respondent No. 2-Corporation by the Respondent No. 3-Mayor.

4. The case of the Petitioner is as follows :

(i) Pursuant to the letter dated 16.12.2020 of Shri Hanuman Ramu Chaudhari, the group leader of the Bharatiya Janta Party (BJP) in the Respondent No. 2-Corporation informing the Respondent No.3-Mayor the intention of the party to appoint the Petitioner as the Leader of the House under section 19-1A of the Maharashtra Municipal Corporation Act,1949 (hereinafter referred to as “the said Act”), the Petitioner was declared as the Leader of the House by the Respondent No.3-Mayor in the meeting held on 22.01.2021.

(ii) On 12.03.2021, in the General Body Meeting of the Respondent No. 2-Corporation, Respondent No. 3-Mayor declared Smt. Kamini Ravindra Patil, BJP Councillor from Ward No. 18(A), as the new Leader of House in place of the Petitioner. By the impugned letter dated 15.03.2021, the Respondent No. 2- Corporation informed the said decision of the Petitioner. However, Smt. Kamini Ravindra Patil declined to accept the post of Leader of the House and by her letter dated 15.03.2021 addressed to the Respondent No. 3-Mayor, asserted that it was the BJP’s decision to appoint the Petitioner as the Leader of the House and requested to continue the Petitioner as the Leader of the House.

(iii) By the impugned letter dated 16.03.2021 addressed by the Respondent No. 2-Corporation, the Petitioner was informed about the decision of appointment of Respondent No.4-Vikas Sakharam Nikam as the Leader of the House of the Respondent No. 2- Corporation.

(iv) The Congress Party was having the greatest numerical strength in the Respondent No. 2-Corporation. However, in view of the cross-voting by a faction of 18 Councillors of the Congress Party, the Congress Party has chosen to sit in the opposition. Shri Javed Dalvi Gulam Mohammad, belonging to the Congress Party was appointed as the Leader of the Opposition in Respondent No. 2-Corporation as per section 19-1AA of the said Act and was recognized by the Respondent No. 3-Mayor as the Leader of the Opposition. Therefore, the Congress Party is not entitled to have a say in the appointment of the Leader of the House.

(v) Under section 19-1A of the said Act, it is the duty of the Respondent No.3-Mayor to appoint the Leader of the House of the party having the greatest numerical strength and the power to choose the candidate for the same lies only with the party and the Respondent No.3-Mayor has no authority to remove the Petitioner as Leader of the House without the consent of the party i.e. the BJP in the present case, which is the ruling party. Any change of the leader of the Municipal party is to be effected by the party and not by any outsider. The decision of the Respondent No. 3-Mayor is on the basis of alleged personal remarks by Petitioner against the Respondent No. 3-Mayor and her family. Therefore, the decision of