JEEVAN S/O ABAJIRAO GHOGRE PATIL Vs. MAYOR NANDED WAGHALA MUNICIPAL CORPORATION NANDED DISTRICT NANDED

JUDGEMENT

(1.) These two Petitions can be conveniently disposed of by a common judgment and order. In Writ Petition No. 5073 of 2011, this Court passed an order on 14 th September 2011 directing that the Petition shall be heard finally at the stage of admission. The issue involved in Writ Petition No.5073 of 2011 is as regards the appointment of the leader of the opposition in the Municipal Corporation of City of Nanded-Waghala. (hereinafter referred to as "the said Corporation").

(2.) It will be necessary to make reference to the facts of the case in brief. In Writ Petition No. 5073 of 2011, the challenge is to the order dated 7 th July 2011 passed by the Mayor of the said Corporation, by which the Mayor purportedly granted approval to the appointment of Respondent No.2 in the said Petition, Shri Mahesh @ Balu Khomane as the leader of the opposition in the said Corporation.

(3.) The result of the general ward elections of the said Corporation was declared in October 2007, in which 73 Councilors were elected. Out of 73, 36 were of the Indian National Congress, 10 were of Nationalist Congress Party and 9 were of Shiv Sena Party. On 31 st October 2010, one by-election was held. On the same day elections were held for 6 newly formed wards in the area newly added to the Corporation limits. In the said election, 4 Councillors belonging to the Indian National Congress, 2 Councillors belonging to Shiv Sena Party and one independent were elected. As of today, the party wise strength of the major parties in the said Corporation is as follows:-