2014 Supreme(Bom) 1397

IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH
A.P. BHANGALE, J.
Shrikant @ Balasaheb M. Chaudhari - PETITIONER
VERSUS
State of Maharashtra, through its Secretary for Urban Development Department, Mantralaya, Mumbai. - RESPONDENTS
WRIT PETITION NO.1420 OF 2014
Decided On : 16.7.2014

Headnote:Maharashtra Local Authority Member’s Disqualification Act, 1986 - Sections 2 and 3 Maharashtra Local Authority Member’s Disqualification Rules, 1987, Rule 2 Deletion of name of Group Leader of party in Municipal Council. - Communication of Collector to Municipal Council about deletion of name of petitioner as Group Leader of party in Municipal Council being not illegal, cannot be quashed. - Coming back to the facts and circumstances of the present case, the communication reflected that President of Indian National Congress Party namely Wamanrao Kasawar, who had earlier approved appointment of the petitioner as a group leader in Municipal Council, Yavatmal, had informed the Collector of Yavatmal about the fact that the petitioner was suspended on account of anti-party activities and therefore, respondent No. 4 Jaffar Sadik Gilani was appointed on behalf of the Indian National Congress Party to represent party as a group leader in Municipal Council, Yavatmal. If at all the petitioner is aggrieved by the action taken by his own political party to change him as leader in Municipal Council on behalf of the party; he could have approached the President of the political party to raise his grievances, if any, for substituting him as a group leader by another Councilor. It is not in dispute that Wamanrao Kasawar, who, as a President of the Yavatmal District Congress Committee, had informed about appointment of petitioner, had informed about change in the name of the group leader so as to enable the Collector of Yavatmal to note the information and act according to law. The Collector, in the present case, had limited role to play i.e. to note the change informed by the political party concerned and to act according to law and had no business to sit over the decision of the Indian National Congress Party who changed its group leader which was unanimous decision of the political party concerned. That being so, the action taken on behalf of the Collector, Yavatmal to inform the Chief Officer of the Municipal Council, Yavatmal about the fact that the petitioner was suspended on account of his anti party activities and that he has been substituted by Jafar Sadik Gilani to represent the political party as a group leader on behalf of it in the Municipal Council, Yavatmal, was only to enable the Municipal Council concerned act upon information and to rectify its record and not beyond that. Therefore, the petitioner, to my mind, cannot question the communication made from the Collector’s Office, Yavatmal to the Chief Officer, Municipal Council, Yavatmal. I do not find any fault with the impugned communication as it is nothing but mere intimation on behalf of Collector’s Office, Yavatmal about the change which has been informed by Wamanrao Kasawar, President of Yavatmal District Congress Committee. Substitution of the petitioner by respondent No. 4 was pursuant to unanimous decision by the Yavatmal District Congress Committee and role of the Collector was only to note about the change informed and to communicate it to the Municipal Council, Yavatmal and not beyond that. That being so, the petition is without any merits. Hence, the petition is dismissed. Rule is discharged. No order as to costs.

       Maharashtra Local Authority Member’s Disqualification Act, 1986 - Section 2(bc)(i) Maharashtra Local Authority Member’s Disqualification Rules, 1987, Rule 2 Term "leader". - Leader of Municipal party, may be a Councillor, chosen by a political party in Municipal Corporation or Municipal Council. - The submission that a Councilor has to be elected by the Councilors and mere nomination by the District President of Indian National Congress Party was not sufficient, is not acceptable in view of rule which clearly gives exhaustive meaning to the leader in relation to Municipal party. Rule 2(bc)(i) gives exhaustive meaning to the leader of Municipal party. He may be a Councilor chosen by a political party in the Municipal Corporation or Municipal Council and includes any other Councilor of such party to discharge function of leader of such party for the purpose of the Act. Thus, there is no prohibition for the political party concerned to appoint or authorise leader of such party for the purposes of Act and Rules.