SUNIL HARIBHAU KALEversusAVINASH GULABRAO MARDIKAR AND OTHERS

                        [2015] 2 S.C.R. 220



A                     SUNIL HARIBHAU KALE
                                  v.
        AVINASH GULABRAO MARDIKARAND OTHERS
               (Civil Appeal No. 2080 of 2015)
                     FEBRUARY 20, 2015
B
            [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]                   -

   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
                                                                    E
    Babu H. Marlapalle, Kishor Lambat, Milind Vaishnav,
Shryas Vaishnav (for Lambat &Associates) for the Appellant.

    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        "... 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
c         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.
 D        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. ... "
 E
                                           (Emphasis supplied)
           3. The affidavit filed by the members of the group, reads
      as follows:
 F        "... We, all the newly elected members oftheAmravati
          Municipal Corporation, Amravati, do hereby inform
          you that, we have formed Nationalist Congress Party
          Front; that we have the total strength of 23 members;
          that we have unanimously elected Shri Avinash
 G        Gulabrao Mardikar, the newly elected member from
          Ward No.26(8), Benoda Ward as a Group Leader of
          our Nationalist Congress Party Front; that the said
          Group Leader Shri Avinash Gulabrao Mardikar has
          hereby given his consent to work as a Leader of our
 H        group; and that we do hereby further undertake to bind
    SUNIL HARIBHAU KALE v. AVINASH GULABRAO                    223
              MARDIKAR [KURIAN, J.]

    ourselves to elect, vote and support the members             A
    proposed and nominated by our group leader Shri
    Avinash Gulabrao Mardikar as a Mayor, Deputy
    Mayor, the President of the Standing Committee, and
    the Members and the Chair Persons of all the
    Committees; that we will not remain absent at the time       B
    of the voting of the said election; and that we are well
    aware of the fact that under the provisions of Rule 3
    of the Maharashtra Local Authority Member
    Disqualification Act, it is binding upon us to obey the
    orders that would be passed by our group leader Shri         C
    Avinash Gulabrao Mardikar as regards the
    proceedings of the assembly of the Amravati
    Municipal Council, otherwise, the action can be taken
    against us under the provision of Rule 3(5) of the said
    Act for the infringement of such orders .... "               D

                                     (Emphasis supplied)

    4. The request was granted and, by order dated
11.04.2012, the group was recognized and the first respondent    E
was registered as the group leader.

     5. Seeking a change of the leader, the General Secretary
of the Nationalist Congress Party, on 22.03.2014, addressed
the following letter to the Divisional Commissioner, relevant
port of which reads as follows:                                  F

    "Subject:- Nomination of the Group Leader of the
               alliance of Nationalist Congress Party in
               Amravati Municipal Corporation, Amravati.

    Res/ Sir,                                                    G

                 The Honourable Shri Bhashkarraoji Jadhao,
                 the President, Maharashtra Regional
                 Nationalist Congress Party has been pleased
                 to instruct that Shri Su nil Haribhau Kale be   H
224         SUPREME COURT REPORTS                   [2015) 2 S.C.R.


A                      nominated as a Group Leader of the alliance
                       of the Nationalist Congress Party (NCP) in
                       Amravati Municipal Corporation, Amravati;
                       and that the group under his leadership only
                       be approved of. Hence, it is requested to take
 B                     the necessary action, accordingly.

                       Thanking you,
                                                     Yours sincerely.
                                                                Sdi-
 c                                                  Shivajirao Garje.
          To,
          The Divisional Commissioner,
          Amravati Division, Amravati."
                                                (Emphasis supplied)
 D
          6. The Divisional Commissioner, by order dated
      16.06.2014, registered the appellant herein as the group leader
      based on the letter of the Secretary of the Nationalist Congress
      Party. The relevant portion of the order reads as follows:
 E
          "... It appears that from the letter of Shri Shivajirao
          Garje appointment of Shri Su nil Kale has been made
          as Group Leader of the Party in Amravati Municipal
          Corporation. There is a prevailing system of
 F        appointing group leaders/parted on the elected
          groups of all political parties by the political parties
          themselves. Under these circumstances giving
          approval to the appointment of Shri Su nil Kale on the
          post of Group Leader appears to be correct.
 G        Hence by way of rejecting the application of the
          applicant Name of Shri Sunil Haribhau Kale is being
          registered as Group Leader of Rashtravadi Congress
          Party inAmravati Municipal Corporation .... "
 H                                         (Emphasis supplied)
    SUNILHARIBHAU KALE v. AVINASH GULABRAO                         225
             MARDIKAR [KURIAN, J.]

     7. The first respondent challenged the order before the A
High Court. By the impugned judgment dated 22.08.2014, the
High Court allowed the Writ Petition and quashed the order.
The High Court took the view that the General Secretary of
one of the political parties forming the aghadi (group), was
not competent to make a request to the Divisional B
Commissioner to register change of the group leader and that
the Divisional Commissioner acted wholly without jurisdiction
in registering the change as requested by one of the political
parties.
                                                                    c
    8.       Aggrieved, the appeal.

    9.       Heard the learned counsels appearing on both sides.

    10. Section 2(a) defining "aghadP', Section 2(i) defining
"municipal party" and Section 2U) defining "original political       D
party", of the Maharashtra Local Authority Members'
Disqualification Act, 1986 (hereinafter referred to as 'the Act')
read as follows:

    "2(a) "aghadt" or "front" means a group of persons
                                                                     E
    who have formed themselves into a party for the
    purpose of setting up candidates for election to a local
    authority;"
    )()()(               )()()(                        )()()(
                                                                     F
    "2(i) "municipal party'', in relation to the councillor
    belonging to any political party or aghadi or front in
    accordance with the Explanation to Section 3,
    means,-
                                                                     G
    (i) in the case of a councillor of a Municipal
    Corporation, the group consisting of all councillors ..if
    the Municipal Corporation for the time being beloIJ.9!rG:i.
    to that political party or aghadi or front in accordance
    with the said Explanation;
                                                                     H
226          SUPREME COURT REPORTS                         [2015] 2 S.C.R.


  A.       (ii) in the case of a councillor of a Municipal Council,
           the group consisting of all the councillors of the
           Municipal Council for the time being belonging to that
           political party or aghadi or front in accordance with
           the said Explanation;"
  B
           "2U) "original political party", in relation to a councillor or
           a member, means the political party to which he belongs
           for the purposes of sub-section (1) of section 3;"
                                                      (Emphasis supplied)
  c
            11. Rule 2(b-1) of the Maharashtra Local Authority
       Members Disqualification Rules, 1987 (hereinafter referred
       to as 'the Rules') defines a 'leader to a municipal party (group
       leader/Gat Neta), relevant portion of which reads as follows:
  D
           "2(b) "Form" means the form appended to these rules;
           [b-1 ](i) "Leader in relation to a municipal party" means
           a Councillor chosen by each political party, or aghadi
           gr front in the Municipal Corporation or as the case
  E
           may be in the Municipal Council as its leader and
           includes any other Councillor of such party or aghadi
           or front authorized by it to act in the absence of the
           leader as, or discharge the functions of the leader of
           such party or aghadi or front for the purposes of these
  F        rules."
                                                (Emphasis supplied)
         12. The definition of the term 'leader' very clearly shows
    that where a municipal party is an aghadi, its leader has to be
  G chosen by the aghadi or front. Necessarily, any 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 manner, even when there is change of the
. H leader. The change of leader has to be in the same democratic
    SUNIL HARIBHAU KALE v. AVINASH GULABRAO                     227
              MARDIKAR [KURIAN, J.]

process of induction, in the absence of any other method           A
prescribed under the Rules concerned.

      13. Once an aghadi (group) is formed and duly
recognized by the Divisional Commissioner, it becomes a
municipal party in terms of Section 2(i) of the Act. Once original 8
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 can be
changed only by the group and not by one of the-poli!icaL-..c
parties, big or small, belonging to the aghadi. In a democ~acy,
a leader is not imposed; leader is elected. Once the birth of a
leader in a group is by way of election by the group, the group
leader thus elected cannot be replaced otherwise than through
the very same process of the election in the group, in the         o
absence of any rules to the contra. No doubt, the Nationalist
Congress Party has 17 members in the aghadi (group). That
does not mean that the said party can impose a group leader
in the aghadi. Imposition of a group leader otherwise than by
the democratic process cuts at the roots of the democracy E
and certainly it is in violation of the Rules. It is always open to
the original political parties to have their respective leaders in
the aghadi. However, as far as group leader is concerned, he
 has to be elected by the aghadi (group).
                                                                    F
      14. Thus, although for a few other different reasons as
well, apart from those sounded by the High Court in the
 impugned order, we agree with the view taken by the High
 Court. The appeal hence is dismissed. The interim order dated
 05.09.2014 is vacated.
                                                                   G
     15. There shall be no order as to costs.

Kalpana K. Tripathy                             Appeal dismissed