IMPORTANT POINT
Once the parties form an aghadi and elect its leader democratically, the leader can be changed only in democratic manner.

JUDGMENT

KURIAN, J.:

Leave granted.

2. Election to the Amravati Municipal Corporation was held on 16.02.2012. Of the total 87 Councillors, the Nationalist Congress Party with 17, Muslim League with 2, R.P.I. with 1, Samajwadi Party with 1 and 2 Independents formed an aghadi (group) and elected the first respondent as their group leader (Gat Neta). On 06.03.2012, the 23 members submitted the following application to the Divisional Commissioner, Amravati for approval of the alliance and registration of the group leader:

“… The newly elected Corporators of the Nationalist Congress Party Nos. 1 to 17 along with other newly elected Corporators, totaling to 23, have unanimously elected Shri Avinash Gulabrao Mardikar as a Group Leader of the Nationalist Congress Party. The List of the names of the Corporators from the Nationalist Congress Party, in Form – I, under Rule 31(1)(A) is submitted herewith. Similarly, the affidavit duly signed by the honourable Corporators, in Form – III, under Rule 4(1) is also annexed herewith.

The strength of our Alliance is the Corporators of the Nationalist Congress Party numbering 1 to 17 and that of 6 others, totaling to 23. Hence, it is requested to kindly register and approve this Alliance as a “Nationalist Congress Party Front. …”

(Emphasis supplied)

3. The affidavit filed by the members of the group, reads as follows:

“…We, all the newly elected members of the Amravati Municipal Corporation, Amravati, do hereby inform you that, we have formed Nationalist Congress Party Front; that we have the total strength of 23 members; that we have unanimously elected Shri Avinash Gulabrao Mardikar, the newly elected member from Ward No.26(B), Benoda Ward as a Group Leader of our Nationalist Congress Party Front; that the said Group Leader Shri Avinash Gulabrao Mardikar has hereby given his consent to work as a Leader of our group; and that we do hereby further undertake to bind ourselves to elect, vote and support the members proposed and nominated by our group leader Shri Avinash Gulabrao Mardikar as a Mayor, Deputy Mayor, the President of the Standing Committee, and the Members and the Chair Persons of all the Committees; that we will not remain absent at the time of the voting of the said election; and that we are well aware of the fact that under the provisions of Rule 3 of the Maharashtra Local Authority Member Disqualification Act, it is binding upon us to obey the orders that would be passed by our group leader Shri Avinash Gulabrao Mardikar as regards the proceedings of the assembly of the Amravati Municipal Council, otherwise, the action can be taken against us under the provision of Rule 3(5) of the said Act for the infringement of such orders. …”

(Emphasis supplied)

4. The request was granted and, by order dated 11.04.2012, the group was recognized and the first respondent was registered as the group leader.

5. Seeking a change of the leader, the General Secretary of the Nationalist Congress Party, on 22.03.2014, addressed the following letter to the Divisional Commissioner, relevant port of which reads as follows:

“Subject:- Nomination of the Group Leader of the alliance of Nationalist Congress Party in Amravati Municipal Corporation, Amravati.

Res / Sir,

The Honourable Shri Bhashkarraoji Jadhao, the President, Maharashtra Regional Nationalist Congress Party has been pleased to instruct that Shri Sunil Haribhau Kale be nominated as a Group Leader of the alliance of the Nationalist Congress Party (NCP) in Amravati Municipal Corporation, Amravati; and that the group under his leadership only be approved of. Hence, it is requested to take the necessary action, accordingly.

Thanking you,

Yours sincerely, Sd/-

Shivajirao Garje.

To,

The Divisional Commissioner,

Amravati Division, Amravati.”

(Emphasis supplied)

6. The Divisional Commissioner, by order dated 16.06.2014, registered the appellant herein as the group leader based on the letter of the Secretary of the Nationalist Congress Party. The relevant po