ROHIDAS SHANKAR PATIL Vs. MAYRA GILBERT MENDOSA

JUDGEMENT

(1.) THIS petition is filed by the petitioner for quashing and setting aside a decision of respondent No.1 dated November 20, 2002, recognising respondent No.4 as the 'Leader of Opposition' in the Municipal Corporation of Mira Bhayandar.

(2.) THE petitioner has approached this Court by invoking Article 226 of the Constitution stating therein that he is the leader of Bharatiya Janata Party (BJP) in the Municipal Corporation of the City of Mira Bhayandar , respondent No.2 herein. Respondent No.2 is a Corporation created and established under Section 5 of the Bombay Provincial Municipal Corporations Act, 1949 (hereinafter referred to as "the Act"). Respondent No.1 is Mayoress of respondent No.2, elected under Section 19 of the Act. Respondent no.1 has recognised respondent no.4 as the Leader of Opposition. The said decision is challenged by the petitioner being unlawful and contrary to law as the petitioner ought to have been recognised as the Leader of Opposition.

(3.) . According to the petitioner, in accordance with the provisions of the Act as amended by Maharashtra Act No.XI of 2002, elected Councillors were required to elect the Leader of the party having the greatest numerical strength as Mayor who shall be the Leader of the House. It also provides for recognition of the 'Leader of the Opposition' who must be an elected Councillor and the Leader of the party in opposition having greatest numerical strength. Section 19 of the Act declares that the Corporation at its first meeting after general election will elect from its Councillors one of its members as Mayor (or Mayoress) and another to be Deputy Mayor (or Deputy Mayoress). Whereas Section 19 1A deals with Leader of the House, Section 19 1AA for Leader of Opposition.