Advocates:
['TUNGAR HRISHIKESH V', 'THOMBRE CHANDRAKANT V AND SK NAWAB AHMED FOR PET THOMBRE CHANDRAKANT V AND SK NAWAB AHMED FOR PET', 'Thombre Chandrakant V', 'COPY SERVED ON GP', '', 'SAYYED TAUSEEF YASEEN', 'GP FOR R/1 & 2', 'SAYYAD TAYSEEF YASEEN FOR R/3 TO 5 & R/7 TO 9', 'V D SAPKAL FOR R/6', 'Nagargoje Ankush N']

1 wp 139.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

WRIT PETITION NO. 139 OF 2017

All India Majlis E Ittehad Ul

Muslimeen through its Gat

Neta/Leader Shaikh Amar Shaikh

Jainuddin

.. Petitioner

Versus

The State of Maharashtra and others

.. Respondents

Shri S. R. Barlinge, Advocate h/f Shri H. V. Tungar and C. V.

Thombre, Advocate for the Petitioner.

Mrs. Vaishali N. Jadhav-Patil, A.G.P. for Respondent Nos. 1 and

2.

Shri V. J. Dixit, Senior Advocate i/by Shri A. N. Nagargoje,

Advocate for Respondent Nos. 3 to 5 and 7.

Shri V. D. Sapkal, Advocate for the Respondent No. 6.

Shri T. Y. Sayyed, Advocate for Respondent Nos. 8 and 9.

CORAM : S. V. GANGAPURWALA AND

A. M. DHAVALE, JJ.

CLOSED FOR ORDERS ON

:

10.04.2018

ORDER PRONOUNCED ON

:

26.04.2018

FINAL ORDER (Per S. V. Gangapurwala, J.) :-

.

The petitioner assails the communication dated 28.12.2016

issued by the respondent No. 2/Collector Beed thereby

registering the separate aghadi of All India Majlis E Ittehad Ul

Muslimeen Party (for short "AIMIM party") at the behest of

2 wp 139.17

respondent Nos. 3 to 9.

2.

Mr. Barlinge, the learned advocate for the petitioner

submits that, AIMIM party is a national political party. It had

contested the election of Beed Municipal Council and in all nine

candidates won the election. The nine candidates of the

petitioner party were elected as councilors of the Municipal

Council, Beed. The learned counsel further submits that, the

regional president of the AIMIM party appointed Mr. Shaikh

Amar Shaikh Jainuddin as leader/gat neta of the councilors

elected to the Beed Municipal Council. The learned counsel

submits that, after the elections were conducted, the respondent

Nos. 3 to 9 filed an application before the Collector/respondent

No. 2 on 26.12.2016 contending that, in the election that had

taken place in all nine candidates are elected as councilors from

AIMIM party and that these respondent Nos. 3 to 9 have formed

a separate aghadi of the party and have elected Mrs. Shaikh

Sultanabegum Shaikh Chand as their gat neta and prayed to

register aghadi U/Sec. 63(2) of the Maharashtra Municipal

Councils, Nagar Panchayats and Industrial Townships Act, 1965

(hereinafter referred as to the "Act of 1965"). Under the

impugned communication, the Collector, Beed accepted the

application of the respondent Nos. 3 to 9 and informed that

separate aghadi of AIMIM party has been registered in the

Collector office.

3 wp 139.17

3.

Mr. Barlinge, the learned advocate further submits that,

registering a separate aghadi of AIMIM party formed by

respondent Nos. 3 to 9 is against the provisions of law and

contrary to the factual matrix. According to the learned counsel,

the aghadi is said to have been registered U/Sec. 63(2) of the Act

of 1965. The said provision is not at all applicable so as to

entertain the application dated 26.12.2016 for registration of

separate aghadi. The Collector has no jurisdiction to entertain

application U/Sec. 63(2) of the Act of 1965. The communication

to register the aghadi formed by respondent Nos. 3 to 9 is legally

unsustainable. According to the learned counsel, term aghadi or

front is defined U/Sec. 2(a) of the Maharashtra Local Authority

Members' Disqualification Act, 1986 (for short "Act of 1986"). It

means the party or aghadi on whose candidature the councilor is

elected. The aghadi or front as defined U/Sec. 2(a) of the Act of

1986 is a pre-poll aghadi, in view of that, the aghadi formed by

respondent Nos. 3 to 9 is not an aghadi within the meaning of

Sec. 2(a) of the Act of 1986.

4.

It is only AIMIM party of which respondent Nos. 3 to 9 are

councilors may opt for formation of aghadi or front. The

Col