UMESH SHRIKANT SHETYE Vs. COLLECTOR RATNAGIRI

JUDGEMENT

(1.) Rule. By consent of the parties heard forthwith.

(2.) The petitioner was a Councillor of the Ratnagiri Municipal Council. Elections were held to the Ratnagiri Municipal Council on 19th November, 2006. The Petitioner contested on the party symbol of Nationalist Congress Party (hereinafter referred to as N.C.P.). The Respondent Nos. 3 to 10 were also elected on the ticket of the same party. After elections, a meeting was convened by the party where all the 12 Councillors met and according to the Petitioner they agreed that the petitioner would be the leader of the N.C.P. Municipal party. Accordingly, the party General Secretary Shri Gurunath Kulkarni by letter dated 20th December, 2006 wrote to the Respondent No. 1 Collector informing that the petitioner is the leader of the N.C.P. Municipal Party. Elections were to be held for the post of President and the petitioner was nominated to contest the same. The Respondent Nos. 3 to 10 were, however, not in favour of the nomination of the petitioner. Consequent thereto some other candidate was elected as the President.

(3.) Respondent Nos. 3 to 10 by letter of 20th December, 2006 informed the respondent No. 1 that they are forming a party called "Ratnagiri Vikas Aghadi Gat" in which three Councillors of Indian National Congress (hereinafter referred to as "I.N.C.") would also merge and all together 11 Councillors will form a part of the new front. Again at about 4,00 p.m., on 20th December, 2006 the Respondent Nos. 3 to 10 addressed another letter to Respondent No. 1, that they are in fact merging with the I.N.C. (Indian National Congress) of their own choice and that the letter which was addressed a few hours earlier should be cancelled as that was done without proper knowledge.