BHAGWATI T SHARMA Vs. DIVISIONAL COMMISSIONER

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With consent of the learned Counsel for the parties, the petition is taken up for final hearing immediately.

(2.) The petitioner claims to be the Leader of Nationalist Congress Party (NCP) in Mira Bhayandar Municipal Corporation, District Thane i.e. Respondent No.3. The elections for the Municipal Corporation were held on 11.8.2007 and 79 members were elected. 20 candidates of NCP and 5 independent candidates were elected in the said election and the petitioner was elected to be the Leader of the NCP Group. It is contended by the petitioner that 5 independent members, including the respondent Nos.4 to 7 formed an Aghadi or a front along with the NCP. For the purpose of representation in the Standing Committee and other Committees of the Municipal Corporation under Section 31A of the Bombay Provincial Municipal Corporation Act, 1949 ("the Act") the 25 members were treated and recognised as an Aghadi or a front and on the basis of that 5 members of this Aghadi or front were appointed as members to the Standing Committee, which consists of in all 16 members. It is contented by letter dated 5.6.2009, respondent Nos.4 to 7 requested the respondent No.l Divisional Commissioner that they be treated as independent Corporators. Respondent No.l recognised them as separate group and on the basis of that the respondent Nos.4 to 7 also nominated respondent no.5 to J the Standing Committee, representing theirl Group. According to the petitioner, these four 1 members had become members of the Aghadi ! or front with the NCP and as only four members out of 25 members have separated themselves I from this Aghadi, they are liable to be disqualified. The respondent No.l refused to disqualify them by order dated 10.11.2009 and recognised them as an independent group. Therefore, by this petition, the petitioner seeks to set aside the order dated 10.11.2009 passed by the respondent No. 1 and also seeks direction to respondent No.l to take action against disqualification of respondent Nos.4 to 7 and to recalculate the strength of the NCP in the House.

(3.) Heard the learned Counsel for the parties.