PANDURANG DAGADU PARTE Vs. RAMCHANDRA BABURAO HIRVE

JUDGEMENT

(1.) BY the present petition, petitioner seeks a declaration that respondent Nos. 1 to 9, who have been elected as Members of the Mahabaleshwar Dewasthan Municipal Council, respondent No. 10 herein, have incurred a disqualification and hence are no longer entitled to function as councillors of respondents No. 10 Council. Petitioner has also prayed for other consequential reliefs ensuing from the aforesaid declaration.

(2.) PETITIONER is a ratepayer and is a resident of Mahabaleshwar. He has also been elected as a councillor along with respondent Nos. 1 to 9 and others to the aforesaid Municipal Council. Elections to the Municipal Council were held on 1st of December, 1996. Petitioner was declared elected from Ward No. 8 whereas respondent Nos. 1 to 9 were declared elected from certain other wards of the Council. There being seventeen wards in the Council, seventeen councillors are elected. Each of the Councillors elected were not associated with any political party or Aghadi/front. Each of them contested the elections as independent candidates and are elected as such.

(3.) SOON after the elections, i. e. on the 2nd of December, 1996 itself, respondent Nos. 1 to 9 formed themselves into an Aghadi/front in the name and style of Mahabaleshwar Girishthan Nagar Parishad Shahar Vikas Aghadi. The first meeting of the Aghadi was held on the 2nd of December, 1996 when it was decided to prepare its constitution and Rules which would govern the working of the Aghadi. Respondent No. 8 was elected as the leader of the Aghadi, whereas, respondent No. 5 as Treasurer and respondent No. 1 as the Secretary. A decision was taken to register the Aghadi as per the provisions of the Maharashtra Municipal Authority Members Disqualification Act, 1986 (hereinafter referred to as the Act for short) and the Maharashtra Local Authority Members Disqualification Rules, 1987 (hereinafter referred to as the Rules for short ). A further meeting of the Aghadi was held on 4th of December, 1996 when respondent Nos. 1 to 9 and nineteen other respectable persons supporting the Aghadi, took part in the proceedings. The Local M. L. A from the area was also present at the meeting and it was agreed that all the members of the Aghadi will jointly endeavour together for the complete progress, upliftment and development of Mahabaleshwar. A further meeting of the Aghadi was held on the 16th of December, 1996 and Ward-wise Supervisory Committees were selected. On 16th of December, 1996 respondent No. 8, in his capacity of being the leader of the Aghadi, filled a form under Rule 3 of the Rules and furnished the names of members of the Aghadi together with other particulars regarding such members, in the office of the Collector, the respondent No. 11 herein. Similar requisite forms were filled in by respondent Nos. 1 to 9. Individual affidavits were filed by respondent Nos. 1 to 9 declaring that they have decided to form a municipal party in the house of the Municipal Council. On 17th of December, 1996, respondent No. 8 as the leader of the Aghadi applied to the Collector for registering the Aghadi as per the provisions of the Act.