1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Dist.: THANE WRIT PETITION NO. 1179 OF 2008 Milan Vasant Mhatre ...Petitioner Versus The State of Maharashtra & Ors. ...Respondents. Mrs. Neela P. Karnik for the Petitioner Mr. S.M. Oka for Respondents No. 2 and 5 Mr. S.V. Dhakephalkar for Respondent No. 3 Mr. M.S. Karnik for Respondent No. 4 Mr. P.M. Patil, Assistant Government Pleader, for Respondent No. 6. CORAM: B ILAL NAZKI and SS. SHIDNE, JJ. DATE: JULY 2, 2008 P.C.:- This petition is misconceived. The impugned order is an order passed by the Mayor, appointing respondent No. 4 as Leader of the House, on the basis of which, he represents the majority party in the House. The petitioner claims that out of the total 79 members, one of 2 the parties has four as members. The Indian National Congress and allies have 40 members, and as such, respondent No.4, who does not belong to the Congress or allies, could not be appointed Leader of the House. 2. This is a matter which is exclusively to be decided by the Municipal Corporation, and this Court will not be in a position to come to a conclusion as to which party was a majority party in the House. This is outside the scheme of the jurisdiction of this Court, and this Court cannot decide the issues, and if respondent No.4 does not enjoy the majority in the House, the petitioner has his own remedy. The petition is dismissed. BILAL NAZKI, J. S.S. SHINDE, J.