The main legal point established in the judgment is that the formation of a post poll Aghadi under the enabling provision contained in Section 63(2B) of the Municipal Act does not result in disqualification under the Disqualification Act.

JUDGMENT :

MANGESH S. PATIL, J.

1. Heard. Rule. The Rule is made returnable forthwith. Learned A.G.P. waives service for respondent Nos. 1 to 3, learned advocate Mr. Shelke waives service for respondent No. 4, learned advocate Mr. Bedre waives service for respondent No. 5 and learned advocate Mr. Kadethankar waives service for the respondents No. 6. With the consent of both the sides the matter is heard finally at the stage of admission.

2. The question that arises for determination in this Petition is as to if a Councillor elected under the provisions of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 (hereinafter the ‘Municipal Act’) who along with other elected Councillors of recognized parties or registered parties or groups, forms an Aghadi or Front post election incurs disqualification under the provisions of the Maharashtra Local Authority Members’ Disqualification Act, 1986 (hereinafter the ‘Disqualification Act’).

3. The facts are as necessary and give rise to the issue can be summarized as under:

(a) The petitioner was elected as a Councillor of the respondent No. 5-Municipal Council for a term 2016 to 2021. He was set up by a political party by name Nationalist Congress Party (N.C.P.). The respondent No. 4 was also one of the contestants but was defeated. During that election the party-wise strength of the elected candidates was as follows:

Incidentally, the petitioner was the only candidate elected of N.C.P. A post poll Aghadi was formed purportedly as contemplated under Section 63 of the Municipal Act for setting up members to the Subjects Committees. It was styled as Indian National Congress Aghadi, Sangamner. Requisite information as contemplated under the Rules framed under the Disqualification Act and under Section 63 of the Municipal Act was furnished to the respondent No. 3-Collector. In the affidavit to be furnished as per Rule 4(1) in Form-III in Column 4-1(i) the petitioner mentioned as being a nominee of National Congress Party.

(b) The respondent No. 4 referring to this affidavit of the petitioner filed an application with the respondent No. 3-Collector under Section 7 of the Disqualification Act alleging that the petitioner having voluntarily given up his membership of N.C.P. had incurred a disqualification under Section 3(1) of the Disqualification Act.

(c) After conducting necessary hearing, the respondent No. 3-Collector rejected the application inter-alia holding that the petitioner was set up as a candidate by N.C.P. He along with other councillors had formed a post poll Aghadi for setting up members to be nominated on the Subjects Committees as contemplated under Section 63 of the Municipal Act. Tough it was mentioned in his affidavit as he was set up by National Congress Party it was a typographical mistake. There was no evidence to show that he had voluntarily given up his membership of N.C.P. and had not incurred the disqualification under Section 3 of the Disqualification Act.

(d) The respondent No. 4 challenged the judgment and order of the respondent No. 3-Collector before the State Government. By the impugned judgment and order the respondent No. 2 the learned Minister for State (Urban Development) allowed the appeal, quashed and set aside the judgment and order of the respondent No. 3-Collector and declared the petitioner having incurred the disqualification for continuing as a Councillor. The learned Minister concluded that the so-called typographical mistake was a lame excuse put up for avoiding disqualification. The petitioner had voluntarily surrendered the membership of N.C.P. by disclosing that he was a ca