AVINASH GULABRAO MARDIKAR Vs. DIVISIONAL COMMISSIONER

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. The petition is heard finally with the consent of the learned counsel for the parties. By this petition, the petitioner impugns the order of the Divisional Commissioner, Amravati Division, Amravati dated 16/06/2014 recognising the respondent No.3 as the leader of Nationalist Congress Party.

(2.) Few facts giving rise to the writ petition are stated thus After the election to the Amravati Municipal Corporation was held on 16/02/2012, the election results were declared and 87 councillors were elected to the Amravati Municipal Corporation. Out of the 87 elected councillors, 17 councillors belonged to Nationalist Congress Party. The petitioner and the respondent No.3 had both contested the election on the ticket of the Nationalist Congress Party. After the elections, the Nationalist Congress Party and 6 other councillors decided to form an agadhi or front and hence, the petitioner, who was elected as a leader of the front, applied to the Divisional Commissioner on 06/03/2012 for registration of the agadhi or front as Nationalist Congress Party Front and also for recognising the petitioner as a group leader of the front. All the members of the aghadi or front including the respondent No.3 had sworn an affidavit that they were the members of the aghadi and had also solemnly declared that any direction by the petitioner as a leader of the front would be binding on them or else they would face disqualification. An affidavit was filed by each of the members of the front, including the respondent No.3 that the information stated in the application and the affidavits was true and correct. It is the case of the petitioner that on 13/03/2012 the constitution of the aghadi was also submitted to the Divisional Commissioner and according to the constitution of the aghadi, the term of the leader of the aghadi or front was for a period of five years. The constitution provided that only the working committee could appoint another group leader. On 11/04/2012 the Divisional Commissioner registered the aghadi and also the name of the petitioner as the group leader of the same. While making the entries in the register by the order dated 11/04/2012, the Divisional Commissioner informed the petitioner and the front that if there was any change in the aghadi or group leader, the Divisional Commissioner should be informed about the same within 30 days from the change.

(3.) It is the case of the petitioner that the petitioner became aware in the month of March, 2014 that the respondent No.3 had secured a letter from the General Secretary of the State Unit of the Nationalist Congress Party that the respondent No.3 should be recognised as the group leader. The petitioner apprehended that the matter would be decided by the Divisional Commissioner without hearing the petitioner and hence a caveat was filed by the petitioner before the Divisional Commissioner. On 25/03/2014, an application was made by the General Secretary of the State Unit of the Nationalist Congress Party for recognising the respondent No.3 as a leader of the Nationalist Congress Party and for taking an entry in that regard as per the provisions of the Maharashtra Local Authority Members Disqualification Rules, 1987. Since the petitioner had filed a caveat, the Commissioner issued a notice to the petitioner asking him to file reply.