PRADIPSINGH UJAGARSINGH THAKUR Vs. COLLECTOR WARDHA

JUDGEMENT

(1.) Maharashtra Local Authority Members Disqualification Act (20 of 1987), S. 3 and Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act (40 of 1965), S. 63(2B) Second Proviso Once

(2.) This writ petition challenges the order passed by the Collector on 14-10-2008, whereby he registered Aghadi of respondent No. 3 in which he included the names of respondents No. 4 and 5.

(3.) The facts giving rise to this petition are as follows The elections of Wardha Municipal council were held on 19-11-2006. The result of the said elections were declared on 27-11-2006. The petitioner applied under section 63(2B) for registration of Aghadi which is known as Sonia Wardha Shahar Vikas Aghadi,. He submitted an application to the Collector under his signature and with resolution passed by the eleven members in his Aghadi, to form a Aghadi. After the said application was filed on 26-12-2006, the Collector passed an order thereon on 13-12-2007 registering the said Aghadi. The said Aghadi was also notified in the official gazette dated 15th December, 2007. Respondent No. 1 had also applied for registration of his Aghadi under the name and style Wardha Shahar Vikas Munch. The said application came to be rejected on the ground that it was barred by limitation. Respondent No. 3, therefore, filed a writ petition in the High Court. The writ petition was disposed of with a direction to the Collector to redecide the application of respondent No. 3. Respondent No. 3 had applied for registration of Aghadi which included the names of respondents No. 4 and 5. The Collector held an enquiry and found that respondents No. 4 and 5 have given their consent for being included in the Aghadi of respondent No. Therefore, he passed an order registering respondent No. 3's Aghadi which includes names of respondent Nos. 4 and 5. The petitioner's contention is that since the names of respondents No. 4 and 5 have already been included in the Aghadi of the petitioner, they could not have been included in the respondent's Aghadi. The petitioner on account of this reason, feels aggrieved and prefers this writ petition.