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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 : 12^th April, 2016

Pronounced on: 29^th 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 1^st

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