RAVINDRA HEMRAJ DHANGEKAR Vs. GANESH MADHUKAR BIDKAR

JUDGEMENT

(1.) The issue that falls for consideration in the present Petition is - whether a nominated Councillor can be appointed as Leader of the House under sec. 19-1A of the Maharashtra Municipal Corporation Act, 1949.

(2.) The Petitioner is a Councillor elected at the Ward elections of the Pune Municipal Corporation held in February 2017. Respondent No. 1 is a nominated Councillor who is appointed as a Leader of the House in the Pune Municipal Corporation. Respondent No. 2 is the Mayor of the Pune Municipal Corporation. Respondent No. 3 is the Pune Municipal Corporation. Respondent No. 4 is the State of Maharashtra.

(3.) The challenge in the Writ Petition is to the appointment of Respondent No. 1 as Leader of the House in the Pune Municipal Corporation (hereinafter referred to as 'the Corporation '). The elections to the Corporation were held in the February 2017. The Bharatiya Janata Party (BJP) emerged as the largest party with 99 elected Councillors. The Nationalist Congress Party (NCP) was declared as second largest party with 42 elected Councillors. 10 Municipal Councillors of Congress party and 10 Municipal Councillors of Shiv Sena party came to be elected.