The HC noticed {that a} determination via the mayor of the Bhiwandi Nizampur Municipal Company (BNMC) to take away councillor Shyam M Agarwal – the chief of the Area from BJP – and changing him with a candidate supported via the Congress was once “arbitrary and opposite to the MMC Act”.

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Justice A A Sayed and Justice S G Dige handed the order whilst listening to a writ plea filed via Agarwal, difficult the selections of Mayor Pratibha Vilas Patil, who represents Konark Vikas Aghadi (KVA).

On February 26, 2021, the mayor had written to the BJP town president, mentioning that Agarwal, after changing into the chief of the Area on January 22, 2021, had began defaming her and her members of the family, thereby bringing disrepute to his put up.

Final March, the mayor had declared every other BJP councillor, Kamini Ravindra Patil, because the chief of the Area rather than Agarwal. On the other hand, Patil declined to simply accept the location.

On March 16, 2021, Agarwal was once knowledgeable that Vikas Sakharam Nikam was once being appointed because the chief of Area, prompting him to way HC.

Senior suggest Ranjit Thorat, showing for Agarwal, stated that whilst Congress, with 47 councillors, had the absolute best choice of seats after elections, because of cross-voting via a faction of 18 Congress councillors, the birthday celebration, along side 12 contributors of Shiv Sena, selected to take a seat within the Opposition. Thus, Congress was once no longer entitled to have a say within the appointment of the chief of the Area.

Thorat argued that as consistent with Segment 19-1A of the MMC Act, the mayor was once accountability sure to nominate the chief of the Area from the birthday celebration having the absolute best choice of seats and had no authority to take away Agarwal with out the consent of BJP, which is a ruling birthday celebration BNMC.
Agarwal stated the mayor’s determination, simply in response to alleged private remarks made via him, was once taken unilaterally with none dialogue within the common frame assembly.

On the other hand, senior suggest Ram Apte, showing for the mayor, argued that Congress is the most important birthday celebration within the Area and its team chief had nominated and supported Nikam, who had the enhance of 51 Congress and KVA councillors.

The bench noticed that whilst BJP has the absolute best numerical power and is a ruling birthday celebration, Congress, which has made up our minds to take a seat within the Opposition, can haven’t any say within the subject of appointment of the chief of the Area.

“It’s unattainable that the birthday celebration in Opposition and whose member is appointed because the chief of the Opposition will dictate who must be appointed because the chief of the Area… that may be totally opposite to the foundations of democratic set-up and polity… Nikam can’t grasp the put up in response to enhance given via Congress…,” it added.

“… the regulation does no longer give the mayor any selection or discretion as to who must be recognised as a pacesetter of the Area,” stated the Top Court docket.