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A. A. SAYED, S. G. DIGE
Shyam M. Agarwal – Appellant
Versus
State of Maharashtra – Respondent
ORDER :
A.A. Sayed, J.
1. The above Writ Petition is filed by the Petitioner essentially challenging the decisions of the Respondent No. 3-Mayor whereby the Petitioner has been removed from the post of Leader of the House of the Respondent No. 2-Bhiwandi Nizampur City Municipal Corporation and later replaced by the Respondent No. 4-Vikas Sakharam Nikam as a new Leader of the House.
2. The Respondent No.1 is the State of Maharashtra. The Respondent No.2 is Bhiwandi Nizampur City Municipal Corporation (hereinafter referred to as “Respondent No. 2-Corporation”), Respondent No.3 is the Mayor of the Respondent No. 2-Corporation. Respondent No. 4 is the newly appointed Leader of the House of the Respondent No. 2-Corporation in place of the Petitioner.
3. The Petitioner is an elected Councillor from Ward No.22-C of the Respondent No. 2-Bhiwandi Nizampur City Municipal Corporation in the elections held in the year 2017. On 22.01.2021, the Petitioner was appointed as a Leader of the House of the Respondent No. 2-Corporation by the Respondent No. 3-Mayor.
4. The case of the Petitioner is as f
Imposition of a Group Leader otherwise than by democratic process cuts at roots of democracy and certainly it is in violation of Rules.
The main legal point established in the judgment is the requirement to nominate members to Committees, such as the Standing Committee, by proportional representation based on the relative strength of....
The Divisional Commissioner has the power to decide the dispute as to who is and can be regarded as a group leader, and should decide it simultaneously with the disqualification proceedings.
The decision emphasized the need for grave and exceptional circumstances to justify removal under Section 37 of the Act, and highlighted the importance of collective responsibility for decisions made....
Removal of an elected representative requires proof of willful misconduct and adherence to principles of natural justice, not just allegations of negligence.
The grounds for removal of an elected official must be justified under the relevant legal provisions, and removal should only be resorted to under grave and exceptional circumstances.
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