PREMANTH S/O ATMARAM ZHADE Vs. COLLCTOR, NAGPUR

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and learned Assistant Government Pleader for respondent Nos. 1 and 2. The Collector respondent No. 1 has informed to the Chief Executive Officer, Wadi about change in the leader of Wadi Nagar Vikas Aghadi. Earlier, the present petitioner was the leader. However, as per the meeting held on 27.04.2019 (which is challenged by the petitioner) present respondent No. 3 is declared as leader of their Aghadi. The petitioner is challenging the validity of the said meeting and decision taken therein. Issue notice before admission to the respondents returnable on 17.06.2019. The learned Assistant Government Pleader waives notice for respondent Nos. 1 and 2.

(2.) There is also interim relief of stay to the impugned order dated 17.05.2019. Normally, today, the interim relief could not have been considered. But, there is meeting on 04.06.2019 called by the Collector in which the members of subject committees will WP3812.19.odt will be finalized. The Collector is supposed to consult the leader of the Aghadi in that behalf. In view of the challenge to the nomination of respondent No. 3, the issue arises about competency of leader of such Aghadi i.e. to say the petitioner or respondent No. 3. The learned Assistant Government Pleader though tried her level best to verify about the holding of meeting on 04.06.2019, she could not get confirmation. The facts remain that the petitioner has averred by way of affidavit about the meeting to be held on 04.06.2019. The main grievance of the petitioner is that he has been duly elected as the leader of the Aghadi and the Aghadi has also framed constitution/regulations dated 05.05.2015. His grievance is that even though there is provision for amendment in the Rules as per Clause 10, there is no specific provision in the Regulations for removal of the leader. For this reason, the petitioner is challenging the validity of the meeting dated 27.04.2019 called under the signature of the respondent No. 3 as Deputy Leader of the Aghadi. There are two subjects of the Agenda. Subject No. 2 is relevant. It talks about the appointing the new leader in place of petitioner.

(3.) The petitioner has protested to the said meeting as per his objection dated 23.04.2019. There are further correspondence in between the Chief Executive Officer and the Collector informing change of the leader and notifying the change. WP3812.19.odt The petitioners relied upon the judgment in case of Abdul Sajed S/o Abdul Sattar Vs. The State of Maharashtra & ors. in Writ Petition No. 3683/2011 delivered by the Aurangabad Bench of this Court. In that case, the issue is that whether a person who is elected as a leader of a Aghadi, or Front in a local authority, can continue to act as such, till his terms as a councilor come to an end. The Aurangabad Bench of this Court has observed in para No. 26 is as under:-