BJP stakes claim for Leader of Opposition post in BMC, Supreme Court issues notice

The Supreme Court on Thursday agreed to hear a plea filed by BJP corporator Prabhakar Tukaram Shinde seeking to be named Leader of Opposition of the Brihanmumbai Municipal Corporation (BMC), a post that is currently occupied by the Congress party..In the 2017 municipal elections, Shiv Sena had secured 84 seats, BJP 82 and Congress 31 in the 227-member corporation. Since Shiv Sena and BJP were initially coalition partners in the Maharashtra government, the latter decided not to contest for the Mayor post. This paved the way for Shiv Sena, which had headed the civic body from 1985 till 2017, to take the post..BJP also decided to voluntarily give up the post of Leader of Opposition because of its subsisting coalition with Shiva Sena. The post was thus secured by the Congress party.After the 2019 Assembly elections, Shiv Sena parted ways with BJP and formed the government in coalition with the Nationalist Congress Party (NCP) and the Congress. The BJP thus sought to reclaim the post of Leader of Opposition in BMC from the Congress..However, the Mayor refused the same and ruled that once the post of Leader of Opposition was given up voluntarily, it cannot be given back.The Bombay High Court was also in agreement with the Mayor. It is this decision of the High Court that BJP's Shinde challenges in the Supreme Court..During yesterday's hearing, the Bench of Chief Justice of India SA Bobde and Justices AS Bopanna and V Ramasubramanian questioned why the BJP voluntarily gave up the seat. Senior Advocate Mukul Rohatgi, appearing for the petitioner, replied that the party was rightfully entitled to claim the post and that they were doing so now. He said,"It would be a travesty of the constitutional scheme of governance if the leader of opposition post remained with Congress even when they are in coalition ruling government with Shiv Sena.".The Court then sought a response from the Mayor within two weeks..It is the petitioner’s case that the BJP always was the single largest party in opposition and hence was entitled (post the 2017 elections) to be recognised as the largest Party in Opposition, and its leader recognised as the Leader of Opposition..The plea Shinde seeks interpretation of Section 37IA of the Mumbai Municipal Corporation Act, 1888..The question of law raised in the plea is whether the Mayor, undertaking an exercise to recognise the Leader of Opposition, ought to have appreciated the state of affairs and consequently taken a decision in consonance with factors provided in Section 37IA, more particularly, the factor indicating that a decision has to be taken "for the time-being".