î+C.A.

4157/12
1

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO(s).4157 OF 2012

[@ SLP(C)No(s).14203 of 2012

SANJAY DEVRAM BHOIR & ANR. Appellant(s)

VERSUS

MAYOR, THANE MUNICIPAL CORP. & ORS. Respondent(s)

O R D E R

1. Leave granted.

2. This appeal is directed against the interim order

dated 24th April, 2012, passed by the Bombay High Court

in Writ Petition No.3732 of 2012, filed by the appellants

herein. By the said order, the High Court has directed

the matter to be listed on 15th June, 2012, and also

observed that all steps taken in the meantime with regard

to the subject-matter of the writ petitions would be

subject to the outcome of the respective petitions.

C.A.4157/12
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Directions were also given for filing of reply.

3. Mr. U.U. Lalit, learned senior counsel appearing

for the appellants, submits that the subject-matter of

the pending proceedings before the High Court was with

regard to an order passed by the Mayor of the Thane

Municipal Corporation, who is the respondent No.1 herein,

appointing the respondent No.5, Manoj Tukaram Shinde, as

the Leader of the Opposition in the Corporation, under

the provisions of the Bombay Provincial Municipal

Corporation Act, 1949. Mr. Lalit submitted that the

 said appointment had been made in total contravention of

the provisions of Section 19-1AA of the said Act, which

reads as follows:-

1)An elected Councillor who

is, for the time being, the Leader
of the Party in opposition, having
greatest numerical strength and
recognized as such by the Mayor,
shall be the Leader of the
Opposition."

4. However, before the matter could go further, on

behalf of the respondent Nos.1,,3 and 5, it was submitted

that by consent, the order contained in the letter dated

19th April, 2012, addressed to the respondent No.5, be

stayed, till the matter is heard by the High Court.

C.A.4157/12
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5. In view of such submission and having regard to

the fact that the matter is pending before the High

Court, we allow the appeal and direct that the said order

of the respondent No.1, shall remain stayed till the

matter is finally heard by the High Court.

6. At the request of the parties, we also request the

High Court to prepone the hearing and to hear out the

matter at an early date, instead of on 15 th June, 2012, as

fixed.

........................J.
(ALTAMAS KABIR)

.........................J.
(J.CHELAMESWAR)
NEW DELHI;
May 01, 2012.
C.A.4157/12
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ITEM NO.MM-2-E COURT NO.2 SECTION IX

S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Civil) No(s).14203/2012

(From the judgement and order dated 24/04/2012 in WP No.3732/2012
of The HIGH COURT OF BOMBAY)
SANJAY DEVRAM BHOIR & ANR. Petitioner(s)

VERSUS

MAYOR, THANE MUNICIPAL CORP. & ORS. Respondent(s)

(With appln(s) for exemption from filing c/c of the impugned

Judgment,exemption from filing O.T. and prayer for interim relief ))

Date: 01/05/2012 This Petition was called on for hearing today.

CORAM :
HON’BLE MR. JUSTICE ALTAMAS KABIR
HON’BLE MR. JUSTICE J. CHELAMESWAR

For Petitioner(s) Mr. Uday U.Lalit, Sr. Adv.

Mr.Gaurav Agrawal,AOR.
Mr. Shankar Narayanan, Adv.

For Respondent(s) Mr. Mukul Rohatgi,Sr. Adv.

Mr. Ranjit Kumar, Sr. Adv.
Mr. Santosh Paul, Adv.
Mr. Arvind Gupta, Adv.
Ms. Mohita Bagati, Adv.
R1 Ms. Arti Singh ,AOR

R3 in SLP(C)14203/12 Mr. Vinay Navare, Adv.

Mr. Keshav Ranjan, Adv.
Mr. Satyajeet Kumar, Adv.
Ms. Abha R.Sharma, Adv.

Mr. Ravi Kadam, Sr. Adv.

R5 Mr. Hitesh Jain, Adv.
C.A.4157/12
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Mr. Prashant Pandey, Adv.

Kumar Rachit, Adv.

/caveator Mr. Vikas Mehta,AOR.

UPON hearing counsel the Court made the following

O R D E R

Leave granted.

The appeal is allowed in terms of the signed

order.

(Sheetal Dhingra) (Juginder Kaur)

COURT MASTER Assistant Registrar
[Signed order is placed on the file]