"Today you are friends, tomorrow you may not be:" Supreme Court junks plea by BJP corporator staking claim for Leader of Opposition post in BMC

The Supreme Court today dismissed a plea filed by Bharatiya Janata Party (BJP) corporator Prabhakar Tukaram Shinde seeking to be named Leader of Opposition of the Brihanmumbai Municipal Corporation (BMC), a post currently occupied by the Congress party. (Prabhakar Tukaram Shinde vs The State Of Maharashtra).While dismissing the plea, Chief Justice of India SA Bobde noted, "Everyday phenomenon in politics. Today you are friends. Tomorrow you may not be.".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 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 the 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..The Supreme Court Bench of CJI Bobde and Justices AS Bopanna and V Ramasubramanian had earlier questioned why the BJP voluntarily gave up the seat. Senior Advocate Mukul Rohatgi, appearing for the petitioner, had 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.".It was 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 question of law raised in the plea was whether the Mayor, while 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 of the Mumbai Municipal Corporation Act, 1888.

"Today you are friends, tomorrow you may not be:" Supreme Court junks plea by BJP corporator staking claim for Leader of Opposition post in BMC

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