Advocates:
['Brahme Shailesh P', 'COPY SERVED ON GP', '', 'Patil Sandesh R', 'Patil Vijay B', 'Gunale V D', 'Palodkar Devdatt P AND PATIL G Y', 'R Nos to are served', 'AGP', '']

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

WRIT PETITION NO. 11625 OF 2021

Bhagatram Ravalmal Balani

Age : 60 years, Occu : Business & Agril,

R/o : 20, Sant Rajaram Nagar, Jalgaon

Tal & Dist. Jalgaon

... PETITIONER

VERSUS

1] The State of Maharashtra

Through Secretary

Urban Development Department,

Mantralaya, Mumbai – 32

2] Divisional Commissioner, Nashik

Division Nashik

3] Jalgaon Municipal Corporation

Through Municipal Commissioner,

Jalgaon, Tal. & Dist. Jalgaon.

4] Mayor, Jalgaon Municipal Corporation

Jalgaon, Tal & Dist. Jalgaon.

5] Dilip Babanrao Pokale

Age: 47 years, Occu: Advocate

R/o. Indraprast Nagar, Shivaji Nagar,

Jalgaon, Tal & Dist. Jalgaon

... RESPONDENTS

…

Mr. Shailesh P. Brahme, Advocate for petitioner

Mr. A.S. Shinde, AGP for the respondents nos. 1 and 2

Mr. V.B. Patil, Advocate for the respondent no. 3

Mr. Mahesh S. Deshmukh, Advocate h/f. Mr. Sandesh Patil, Advocate for

respondent no. 4

Mr. D.P. Palodkar, Advocate for respondent no. 5

…

CORAM

: MANGESH S. PATIL &

SANDEEP V. MARNE, JJ.

Reserved on

:28.07.2022

Pronounced on :12.08.2022

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JUDGMENT (Mangesh S. Patil, J.) :

Heard. Rule. The Rule is made returnable forthwith. Learned

AGP waives service for the respondent Nos.1 and 2. Learned advocate Mr.

V.B. Patil waives service for respondent No.3. Learned advocate

Mr. Deshmukh holding for Mr. Sandesh Patil waives service for respondent

No.4. Learned advocate Mr. Palodkar waives service for respondent No.5.

At the joint request of the parties, the matter is heard finally at the stage of

admission.

2.

The issue that calls for decision in this proceeding is as to

whether a Divisional Commissioner has a power to take a decision as to

whether an individual is a group leader of a municipal party under the

provision of the Maharashtra Local Authority Members’ Disqualification Act,

1986 (hereinafter the Disqualification Act) and the Maharashtra Local

Authority Members’ Disqualification Rules, 1987 (hereinafter the

Disqualification Rules) framed thereunder.

3.

The facts as are necessary for the decision of the Writ Petition

may be summarized as under :

i.

Election to the Jalgaon Municipal Corporation was held on

03.08.2018, for electing councillors on 75 seats. 57

candidates set up by Bharatiya Janata Party (BJP), 15

candidates of Shiv Sena and 3 candidates of MIM were

elected.

ii. As per Rule 3 of the Disqualification Rules, the 57 councillors

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of BJP elected the petitioner amongst themselves to be the

group leader who furnished information about the municipal

party to the Commissioner (Respondent No.2).

iii. After two and half years, when the elections of Mayor and

Deputy Mayor were to be held the petitioner issued a whip on

14.03.2021 but 27 councillors from his municipal party

allegedly defected and cast vote in favour of one Ms.

Jayashree Mahajan.

iv. The petitioner initiated a proceeding for disqualification under

the Disqualification Act against those 27 members.

v. On 17.06.2021 allegedly a meeting was held wherein the

respondent No.5 was elected by the municipal party as its

group leader.

vi. The petitioner raised an objection before the respondent No.2

Divisional Commissioner apprehending the change for

replacing him as a group leader.

vii.The respondent No.5 independently claiming to be the group

leader by submitted information to the respondent No.2

Commissioner.

viii.In view of such a controversy the Municipal Commissioner of

the respondent No.3 Corporation addressed a letter to the

respondent No.2 Commissioner and sought guidance.

ix. The respondent No.2 Commissioner in response, by his letter

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dated 14.09.2021 expressed that he had no power to

determine and acknowledge any change in the group leader.

x. It is this communication which is under challenge in this

petition.

4.

The learned advocate M