The democratic way to change Gatneta was by majority decision by the same group that had earlier selected the Gatneta, and the power to change the Gatneta was vested with the District President of the Indian National Congress Party.

JUDGMENT

Shrikant D. Kulkarni, J. - Rule. Rule made returnable forthwith. With the consent of learned counsel for both the sides, heard finally at admission stage.

2. The political fraction amongst the Aghadi has reached this Court.

3. By this petition under Article 226 of the Constitution of India, the petitioner is challenging the order passed by the District Collector, Ahmednagar dated 06.01.2020, whereby the District Collector has approved respondent No.3 as Gatneta of the Indian National Congress, Shrirampur Panchayat Samity Party.

4. The factual matrix of the case is as under:

4(i) According to the petitioner, she was elected as a Gatneta / Group Leader of the Aghadi and same was registered and the District Collector has approved the petitioner as Gatneta vide his letter dated 08.03.2017. The election of the Chairman of the Panchayat Samiti was declared and meeting was scheduled on 07.01.2020. The petitioner being a Group Leader / Gatneta issued a whip to members of her party and also informed to Block Development Officer, Shrirampur.

4(ii) The petitioner came to know that respondent No.3 posing herself as a Gatneta has also issued a whip. After getting the knowledge, the petitioner made enquiry with the office of District Collector, Ahmednagar and received documents. The petitioner came to know that on 06.01.2020, the District Collector, Ahmednagar has approved respondent No.3 - Dr. Vandana Dnayaneshar Murkute as a Gatneta / Group Leader and accordingly informed to the Block Development Officer.

4(iii) The elections of Chairman of Panchayat Samiti, Shrirampur was held on 07.01.2020. The petitioner was elected as a Chairman of Panchayat Samiti, Shrirampur. Respondent No.3 has initiated the proceeding of disqualification against the petitioner on the ground that she has violated the whip issued by respondent No.3. The petitioner has also filed a disqualification proceeding against respondent No.3 to 5 and now both the disqualification proceedings are pending before the District Collector at Ahmednagar.

5. Heard Mr. S.S. Thombre, learned counsel for the petitioner, Mr. S.K. Tambe, learned AGP for respondent Nos. 1 and 2 / State. Mr. M.S. Deshmukh, Advocate for respondent Nos.3 to 5. Perused the following documents:

(i) The impugned order passed by the District Collector, Ahmednagar dated 06.01.2020.

(ii) Copies of the disqualification proceedings No.1 of 2020 and 2 of 2020 pending before the District Collector, Ahmednagar.

(iii) Copy of compliant filed by the petitioner with Shrirampur Police Station on 11.01.2020.

(iv) Copy of the letter along with Resolution submitted by respondent No.3 to District Collector on 06.01.2020.

(v) Copy of the letter addressed to the Returning Officer, Panchayat Samiti, Shrirampur.

(vi) Copy of the letter dated 08.03.2017.

(vii) Copy of the proposal to publish the elected members in the official gazette addressed to the District Collector, Ahemdangar.

Submissions of the Advocate for the Petitioner

6. Mr. Thombre, learned counsel for the petitioner vehemently submitted that the petitioner was elected as Gatneta / Group Leader of the Indian National Congress, Shrirampur for a term of five years. Bye-laws to that effect were registered with the Collector as required under the provisions of Maharashtra Local Authority Members Disqualification Act, 1986 and Rules thereunder. The said bye-laws were never amended. The petitioner was holding the position as Gatneta / Group Leader and she has issued a whip to other members of the Aghadi for the ensuing election of the Chairman scheduled on 07.01.2020. The whip was also properly served on respondent Nos. 3 to 5 and also published in the news paper. The information about whip issued by the petitioner was also given to the Block Development Officer, Shrirampur. The respondent No.3 does not hold the post of Gatneta / Group Leader of the Aghadi for the Indian National Congress Party, Shrirampur.

7. The respondent No.3 has no authority to make any changes for the post of G