HIGH COURT OF BOMBAY
SHAH FARUQ SHABBIR AND ORS – Appellant
Versus
GOVINDRAO RAMU VASAVE AND ORS – Respondent
WP 4323/2011
['SHAH SUBODH P', 'G P', '', 'D N KAKADE', 'UMAKANT P GIRI ADV', 'J R SHAH']
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.4323 OF 2011
01 Shah Faruq Shabir,
age: 45 years, Occ: Councillor,
R/o Navapur,
District Nandurbar.
02 Deepak Kalu Patil,
age: 50 years, Occ: Councillor,
R/o Navapur,
District Nandurbar.
03 Ashish Fattu Mavchi,
age: 40 years, Occ: Councillor,
R/o Navapur,
District Nandurbar.
04 Smt. Sushila Lalji Ahire,
age: 55 years, Occ: Councillor,
R/o Navapur,
District Nandurbar.
05 Smt.Alkaben Subhashchandra
Agrawal, age: 50 years,
Occ: Councillor, R/o Navapur,
District Nandurbar.
Petitioners
Versus
01 Govindrao Ramu Vasave,
age: adult, Occ: Agril.,
R/o Navapur,
District Nandurbar.
02 Navapur Municipal Council,
Navapur, (C-Class Municipal
Council), District Nandurbar
through Chief Officer.
03 Collector,
Nandurbar, District Nandurbar.
Respondents
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Shri P.M.Shah, Senior Counsel i/by Mr.S.P.Shah, advocate for
petitioners.
Shri Mukul Kulkarni, advocate for Respondent No.1.
Shri Umakant P. Giri, advocate for Respondent No.2.
Mr.A.B.Girase, Government Pleader for Respondent No.3.
CORAM : R.M.BORDE,
SUNIL P. DESHMUKH &
RAVINDRA V. GHUGE, JJJ.
Reserved on : 12th April, 2016
Pronounced on: 29th June, 2016.
JUDGMENT (Per R.M.Borde, J.):
1
The learned Single Judge, while dealing with the writ
petition, by an order dated 23.01.2012, was pleased to formulate
following two issues for consideration of the larger Bench:
I
Whether the term aghadi or front as defined
U/Sec. 2(a) of the Disqualification Act of 1986 would
mean the party or aghadi on whose candidature the
councillor is elected or would also include the aghadi
of two or more municipal parties coming into existence
after the elections are held?
II
Whether the term original political party or
aghadi appearing in Sec. 5 would mean the party at its
National level or would mean a municipal party?
2
We have heard arguments advanced by Shri P.M.Shah,
learned Senior Counsel i/by Mr.S.P.Shah, advocate for petitioners,
Shri Mukul Kulkarni, learned advocate for Respondent No.1, Shri
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Umakant P. Giri, learned advocate for Respondent No.2 and
Mr.A.B.Girase, learned Government Pleader for Respondent No.3.
3
The facts in nutshell, giving rise to the reference, are
as under:
Petitioners are the elected councillors of Municipal
Council, Navapur. General elections to the Municipal Council took
place to elect total 19 councillors and candidature of petitioners
was set up by Nationalist Congress Party (NCP). The post election
aghadi came to be formed consisting of 09 councillors belonging to
Nationalist Congress Party (NCP), 02 councillors set up by Bhartiya
Janata Party (BJP) and 01 councillor set up by Shivsena, on 1st
December, 2007. Respondent No.1 – Govindrao Ramu Vasave was
chosen as a leader of the aghadi. An application came to be
presented to the Collector for registration of aghadi on 02.12.2007.
Respondent No.1 informed the Collector that he is elected as leader
of NCP municipal party as also of aghadi. Respondent No.1 came
to be elected as President of the Municipal Council for the term of
two and half year on 24.12.2007 with the support of councillors of
aghadi.
4
On 18.06.2010, an application came to be presented by
petitioners along with Shri Nilesh Prajapat and Smt. Lalita Gavit to
the Collector seeking approval to a separate group. A whip was
issued by Respondent No.1 on 18.06.2010 and