MANGESH S/O SUDHAKAR TAMBE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner, a Municipal Councillor at Parola and elected from the Shivsena party, assails the communication of the Collector, Jalgaon (R2) dt. 15.12.2017 declaring Deepak Anushtan (R4) as Gatneta (Group Leader) of the party and claims incidental benefits.

(2.) In the month of November2016, Municipal Council Election of Parola, Dist. Jalgaon was held in which 5 candidates of Shivsena party including the petitioner and respondent No. 4 were elected. On 27.11.2016, all the five candidates elected the petitioner as their party leader and submitted representation with copy of resolution and copy of rules. The rule provided a right to the party leader to issue whip which would bind on all the members. It was also declared that, the party leader shall continue to be the leader or Gatneta till the next general election. The Collector, Jalgaon accepted the representation and declared the petitioner as Gatneta of Shivsena Municipal Party.

(3.) Some of the members felt aggrieved by the conduct of the petitioner and on 12.12.2017, a notice was issued by respondent No. 4 to convene a meeting for taking decision on urgent matter. On 12.12.2017, the meeting was held which was attended by respondent No. 4 and two other members. The petitioner and one member remained absent. The three members unanimously resolved to change Gatneta and selected respondent No. 4 - Deepak Anushtan as Gatneta. This decision was communicated to the Collector and the Collector by impugned communication dt. 15.12.2017 recorded that respondent No. 4 had become Gatneta of Shivsena Municipal Party. Hence, this petition.