IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.2269 OF 2017 Lokashahi Aghadi through its Leader Shital w/o Manoj Gaikwad, Aged about 37 years, Occupation-Housewife, R/o. Wankhede Nagar, Dabki Layout, Akola. .. PETITIONER VERSUS

1] Akola Municipal Corporation, Through Municipal Commissioner, Akola, Tahsil-Akola, District-Akola.

2] The Hon'ble Mayor, Akola Municipal Corporation, Akola, Tahsil-Akola, District-Akola.

3] The Divisional Commissioner, Amravati Division, Amravati.

4] The Collector, Akola, Tahsil-Akola and District-Akola.

5] Shiv-Sena Paksh through its Group Leader Shri Rajesh Krupashankar Mishra, Aged-Major, Occupation-Business, R/o. Harihar Peth, Akola, Tahsil-Akola, District-Akola.

6] Zaka Ul Haq Abdul Haq, Aged about-Major, Occupation-Corporator, R/o. Near Mominpura Masjid, Mominpura, Akola, Tahsil-Akola, District-Akola .. RESPONDENTS Girish s/o Dinesh Gokhale, Aged about 36 years, R/o. Jatharpeth Road, Akola, Tahsil & District-Akola. .. INTERVENER ….......

Shri A.M. Ghare, Advocate with Mr. R. Gahilot, Advocate for petitioner, Shri S.V. Sohoni, Advocate for respondent no.1, Shri Anjan De, Advocate for respondent no.2, Shri I.J. Damle, AGP for respondent nos.3 and 4, Mrs. R.S. Sirpurkar, Advocate for respondent no.5, Ms. Komal Mundle, Advocate for respondent no.6, Shri S.S. Sarda, Advocate for intervenor, Shri Gadhia and Shri Morande, Advocates for intervenors.

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CORAM : B.P. DHARMADHIKARI AND MRS. SWAPNA JOSHI, JJ.

CLOSED FOR JUDGMENT ON : 22.12.2017. DATE OF PRONOUNCEMENT : 06.03.2018.

JUDGMENT : [PER : MRS. SWAPNA JOSHI, J.]

1] Rule. Rule made returnable forthwith. The petition is heard finally at the stage of admission with the consent of the learned counsel for the parties.

2] By this petition, the petitioner seeks relief to quash and set aside the impugned communication issued by respondent no.3-Divisional Commissioner, Amravati dated 7.4.2017 treating respondent no.6 as member of respondent no.5-Shiv Sena Paksh and consequently holding that strength of respondent no.5 party is only of eight members.

3] The general elections to the Municipal Corporation, Akola were held. The results were declared on 23.3.2017 wherein 49 candidates belonging to Bhartiya Janta Party, 33 from Indian National Congress, 5 from Rastravadi Congress, 8 from Shiv Sena, 3 from Bhartiya Republic Party, one from MIM, one independent i.e. respondent no.6 were elected. The five Corporators of Rashtravadi party were members from Bhartiya Republic party and one from MIM formed a Lokshai Aghadi, Akola. The petitioner as well as respondent no.5 Shiv Sena submitted the information as per Rule 3 of the Maharashtra Local Authority Members Disqualification Rules, 1987 to respondent no.3-Divisional Commissioner, Amravati. The information furnished on behalf of respondent no.5 showed the name of eight members/Corporators elected from respondent no.5 party. Later-on on 24.3.2017 respondent no.5 submitted another information to respondent no.3-Divisional Commissioner regarding the formation of Shiv Sena Aghadi Akola Mahanagar Palika which included eight Corporators elected from Shiv Sena and one independent Corporator i.e. respondent no.6. Respondent no.5 requested to respondent no.3 to register the aghadi as per the provisions under section 5 of the Maharashtra Local Authority Member Disqualification Act. The petitioner has challenged the said action on behalf of respondent nos.5 and 6 terming as illegal and bad in law. According to the petitioner, a person elected as an independent candidate cannot join party. If such independent council joins a party, then he incurs the disqualification as per the provisions under section 5 of the Act. It is stated that such type of merger of independent candidate with political party is impermissible in the eye of law and, therefore, respondent no.6 incurs disqualification. It is stated that respondent no.6 has not submitted an information as per Rule 3(1)(a) and 3(2) of the Maharashtra