Oral Judgment: (Ferdino I. Rebello, J.)

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

2. The petitioner was a Councilor 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 Councilors 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.1Collector 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 Councilors of Indian National Congress (hereinafter referred to as “I.N.C.”) would also merge and all together 11 Councilors 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.

4. According to the petitioner after Respondent Nos. 3 to 10 left the N.C.P., General Secretary Mr. Gurunath Kulkarni by his letter dated 23rd December, 2006 informed respondent No.1 that 8 Councilors of N.C.P., who remained absent purposely in the meeting of 20th December, 2006 and claimed to form a new front or party was against the Act and, therefore, they had incurred disqualification. The petitioner was appointed as opposition leader. The petitioner on 30th December, 2006 had filed a Petition No.2 of 2006, against the Respondent Nos. 3 to 10 for their disqualification which was dismissed by order dated 26th February, 2007.

5. Respondent Nos. 3 to 10 again by letter of 29th May, 2007 addressed to Respondent No.1 along with the affidavits declared that they are merging themselves into N.C.P., from I.N.C.. According to the petitioner this was totally illegal as the I.N.C. Is not their original political party. On 9th June, 2007 Mr. Suhas Shetye called upon the Councilors of N.C.P., to convene a meeting urgently on 14th June, 2007 for accepting 8 Councilors

i.e. Respondent Nos. 3 to 10 in the N.C.P., and declaring the Respondent No.5 as leader of N.C.P. It is stated that the entire meeting was illegal.

6. According to the petitioner a whip dated 15th June, 2007 was served upon all the Councilors of N.C.P. Including Respondent Nos. 3 to 10, directing them to attend the meeting for election of the Vice President which was to be held on 18th June, 2007, where a candidate of the N.C.P., was elected. Respondent Nos. 3 to 10 did not take any objection to the issuance of the said Whip. The petitioner also wrote a letter dated 15th June, 2007 addressed to the Collector being leader of the N.C.P., stating that he is the only leader of N.C.P. so far and if anybody is claiming to be leader of N.C.P., then the same is illegal and invalid.

7. According to the petitioner he has filed Petition No.4 of 2008 for declaration that the respondent Nos 3 to 8 are disqualified as Corporators. The respondent No.1 thereafter by his order dated 14th October, 2008 dismissed the complaint. Hence, the present petition.

8. There was another complaint made for disqualification of the Petitione