IMPORTANT POINT
Imposition of a Group Leader otherwise than by democratic process cuts at roots of democracy and certainly it is in violation of Rules.

JUDGMENT :

B.R. GAVAI, J.

1. Leave granted.

2. The appellant has approached this Court being aggrieved by the judgment and order dated 30.3.2021 passed by the Division Bench of the High Court of Judicature at Bombay, bench at Aurangabad, thereby dismissing the writ petition challenging the order passed by the District Collector, Ahmednagar dated 6.1.2020 whereby the District Collector has granted approval to the selection of respondent No. 3 – Dr. Vandana Dnyaneshwar Murkute as Gatneta (Group Leader) of the Indian National Congress, Shrirampur Panchayat Samiti Party (hereinafter referred to as ‘INCPS Party’).

3. The facts, in brief, giving rise to the present appeal are as under:

The appellant along with respondent Nos. 3, 4 and 5 were elected as members of the Panchayat Samiti, Shrirampur in the elections, which were held in the year 2017. It is not in dispute that all four of them had contested the election to the Panchayat Samiti on the authorisation of the Indian National Congress Party (hereinafter referred to as ‘INC Party’). As such, the appellant and respondent Nos. 3, 4 and 5 formed a ‘Panchayat Samiti Party’ in the name of INCPS Party.

The first meeting of the INCPS Party was held on 1.3.2017. The said meeting was presided over by Shri Jayantrao Sasane, the then President of the Ahmednagar District INC Party. As per the resolution passed in the said meeting, it was resolved to select the appellant as Gatneta (Party Leader/Party Whip) of INCPS Party. It was further resolved to authorise the appellant to prepare proposals by making rules and regulations and submit the same to the District Collector, Ahmednagar. In the said meeting, it was further resolved that in the event it was decided to change the Party Leader/Party Whip, Mr. Jayantrao Sasane, the then District President of INC Party will have all the powers, so also the power, to submit a proposal to the District Collector in accordance with the rules.

Accordingly, the necessary information was submitted by the appellant to the District Collector on 7.3.2017, informing about the formation of INCPS Party so also she being elected as the leader of the said Party. The District Collector, Ahmednagar vide order dated 8.3.2017 recorded in Form (4) as per Rule 5(1) of the Maharashtra Local Authorities Members Disqualification Rules, 1987 (hereinafter referred to as ‘the said Rules’) about the registration of the Aghadi; the name of the members; and the name of the Party Leader.

A complaint dated 19.12.2019 came to be filed by respondent Nos. 3 to 5 against the appellant before the District President, Ahmednagar District INC Party alleging therein that the appellant during her tenure of two and half years had neither taken the members of INCPS Party into confidence nor had convened any meeting of INCPS Party.

According to the contesting respondents, a notice of meeting convened on 4.1.2020 came to be served upon the appellant for change of Gatneta on 26.12.2019.

In the meeting held on 4.1.2020 under the Chairmanship of Ahmednagar District INC Party President Mr. Balasaheb Salunke, which was attended by respondent Nos. 3 to 5, a unanimous resolution was passed for removing the appellant from the post of Party Leader of INCPS Party. Vide another resolution passed in the said meeting, it was resolved to appoint respondent No.3 as Party Leader/Party Whip of INCPS Party and she was also authorised for issuing whips. Respondent No.3 was also authorised to submit a proposal to the District Collector, Ahmednagar regarding change of Party Leader/Party Whip.

Respondent No.3 submitted a proposal on 6.1.2020, which came to be approved by the District Collector vide order of the same date.

It further appears that the election to the post of Chairman and Vice-Chairman of the Shrirampur Panchayat Samiti was held on 7.1.2020. In the said election, the appellant came to be elected as Chairman of the Panchayat Samiti.

It is pertinent to note that prior to the said election, two conflicting whips came t