SUNIL HARIBHAU KALE versus AVINASH GULABRAO MARDIKAR AND OTHERS

Citation: [2015] 2 S.C.R. 220 · Decided: 20-02-2015 · Supreme Court of India · Bench: M.Y. EQBAL · Disposal: Dismissed

Cited by 1 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

A 
B 
[2015] 2 S.C.R. 220 
SUNIL HARIBHAU KALE 
v. 
AVINASH GULABRAO MARDIKARAND OTHERS 
(Civil Appeal No. 2080 of 2015) 
FEBRUARY 20, 2015 
[M.Y. EQBALAND KURIAN JOSEPH, JJ.] 
Maharashtra 
Local 
Authority 
Members' 
Disqualification Act, 1986 - s. 2(a), 2(i) and 2(j) rlw r. 2(b-1) 
of Maharashtra Local Authority Members' Disqualification 
C Rules, 1987 - Municipal Corporation election - Some of 
the councillors belonging to different political parties 
formed a group/alliance (aghadi) and elected the first 
respondent as their group leader - Change of Group 
leader nominated by the General Secretary of the largest 
D political party of the group (aghadi) - Propriety of- Held: 
Once a group (aghadi) is formed and duly recognized, it 
becomes a municipal party in terms of s. 2(i) - If the 
municipal party is an aghadi, its leader can be chosen only 
by aghadi - In the same way change of leader also can be 
E effected only by the aghadi and not by an outsider- Hence, 
the change of leadership was not correct. 
Dismissing the appeal, the Court 
F 
HELD: The definition of the term 'leader' uls 2(b-1) 
of 
Maharashtra 
Local 
Authority 
Members' 
Disqualification Rules, 1987 very clearly shows that 
where a municipal party is an aghadi, its leader has to be 
chosen by the aghadi or the front. Necessarily, any 
G change in the leader of the municipal party is to be 
effected by the aghadi and not by any outsider. Once the 
Rules provide for the election of the group leader, it has 
to be done in that manner only and not in any other 
H 
220 
SUNIL HARIBHAU KALE v. AVINASH GULABRAO 
221 
MARDI KAR 
manner, even when there is change of the leader. The A 
change of leader has to be in the same democratic 
process of induction, in the absence of any other method 
prescribed under the Rules concerned. Once an aghadi 
(group) is formed and duly recognized by the Divisional 
Commissioner, it becomes a municipal party in terms of B 
Section 2(i) of the Act. Once original political parties form 
a municipal party by way of an aghadi, for all purposes, 
the group leader is chosen by the municipal party 
(aghad1) only. Rules do not provide for nomination of 
group leader. Similarly, the group leader of the aghadi C 
can be changed only by the group and not by one of the 
political parties, big or small, belonging to the aghadi. 
[Para 12-13) [226-G, H; 227-A-F] 
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CIVIL APPELLATE JURISDICTION : Civil Appeal No. 
D 
2080 of 2015 
From the Judgment and Order dated 22.08.2014 of the 
High Court of Bombay, Nagpur Bench in W. P. No. 2772 of 
2014 
Babu H. Marlapalle, Kishor Lambat, Milind Vaishnav, 
Shryas Vaishnav (for Lambat &Associates) for the Appellant. 
E 
K. V. Vishwanathan, SatyajitA. Desai, Rahul Bhangade, 
Kishor (for Anagha S. Desai), Aniruddha P. Mayee, A. Selvin 
F 
Raja, Suhas Kadam (for Lemax Lawyers & Co.), Charudatta 
Mahindrakar, A. S. Raja, Akash Kakade forthe Respondents. 
The Judgment of the Court was delivered by 
KURIAN, J. 1. Leave granted. 
G 
2. 
Election to theAmravati Municipal Corporation was 
held on 16. 02.2012. Of the total 87 Councillors, the Nationalist 
Congress Party with 17, Muslim League with 2, R.P.I. with 1, 
Samajwadi Party with 1 and 2 Independents formed an aghadi H 
222 
SUPREME COURT REPORTS 
(2015] 2 S.C.R. 
A (group) and elected the first respondent as their group leader 
(Gal Neta). On 06.03.2012, the 23 members submitted the 
following application to the Divisional Commissioner, Amravati 
for approval of the alliance and registration of the group leader: 
B 
c 
D 
E 
" ... The newly elected Corporators of the Nationalist 
Congress Party Nos. 1 to 17 along with other newly 
elected Corporators. totaling to 23. have unanimously 
elected Shri Avinash Gulabrao Mctrdikar as a Group 
Leader of the Nationalist Congress Party. The List of 
the names of the Corporators from the Nationalist 
Congress Party, in Form- I, under Rule 31(1)(A) is 
submitted herewith. Similarly, the affidavit duly signed 
by the honourable Corporators, in Form -111, under 
Rule 4(1) is also annexed herewith. 
The strength of our Alliance is the Corporators of the 
Nationalist Congress Party numbering 1 to 17 and 
that of 6 others, totaling to 23. Hence, it is requested 
to kindly register and approve this Alliance as a 
"Nationalist Congress Party Front. ... " 
(Emphasis supplied) 
3. 
The affidavit filed by the members of the group, reads 
as follows: 
F 
" ... We, all the newly elected members oftheAmravati 
Municipal C

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