(1.) The learned Single Judge, while dealing with the writ petition, by an order dated 23.01.2012, was pleased to formulate following two issues for consideration of the larger Bench:
(2.) We have heard arguments advanced by Shri P.M.Shah, learned Senior Counsel i/by Mr.S.P.Shah, advocate for petitioners, Shri Mukul Kulkarni, learned advocate for Respondent No.1, Shri Umakant P. Giri, learned advocate for Respondent No.2 and Mr.A.B.Girase, learned Government Pleader for Respondent No.3.
(3.) The facts in nutshell, giving rise to the reference, are as under: Petitioners are the elected councillors of Municipal Council, Navapur. General elections to the Municipal Council took place to elect total 19 councillors and candidature of petitioners was set up by Nationalist Congress Party (NCP). The post election aghadi came to be formed consisting of 09 councillors belonging to Nationalist Congress Party (NCP), 02 councillors set up by Bhartiya Janata Party (BJP) and 01 councillor set up by Shivsena, on 1 st December, 2007. Respondent No.1 - Govindrao Ramu Vasave was chosen as a leader of the aghadi. An application came to be presented to the Collector for registration of aghadi on 02.12.2007. Respondent No.1 informed the Collector that he is elected as leader of NCP municipal party as also of aghadi. Respondent No.1 came to be elected as President of the Municipal Council for the term of two and half year on 24.12.2007 with the support of councillors of aghadi.
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