LAVOO MAMLEDAR Vs. MAHARASHTRAWADI GOMANTAK PARTY

JUDGEMENT

(1.) A politician, once a people's representative, occupies a pivotal position in his party. Later, that party acts against him; it removes him from being an office bearer and expels him, too. So he comes to this Court, invoking Article 226 of the Constitution of India. He questions the political party's actions and seeks a host of reliefs.

(2.) But is a writ petition under Article 226 maintainable against a political party?

(3.) Petitioner Lavoo Mamledar is a politician, a former member of the Legislative Assembly of Goa. Till recently, he belonged to the Maharashtrawadi Gomantak Party (MGP), the first respondent. Before Lavoo took his political plunge, he was a Deputy Superintendent of Police in the Goan Police Force. After resigning to his post in 2007, Lavoo joined MGP and contested the Assembly elections in the same year. But he lost. The following year, in 2008, he was made a member of the MGP's Central Committee. Later, in 2012, he again contested and was returned successfully. He completed his term of five years as an MLA, representing the MGP in the Legislative Assembly. In 2017, once ceased to be an MLA, Lavoo had been re-nominated to the Party's Central Committee.