- (1.) Rule returnable forthwith. Heard finally with the consent of learned Counsel for the respective parties.
(2.) Pursuant to order dt.15.7.2014 passed by this Court, this petition is heard finally in view of urgency pleaded. The petitioner is aggrieved by the order issued by the Collector, Yavatmal dt.31.12.2013 deleting the name of the petitioner from the post of 'Gat Neta' i.e. Group Leader and substituting the name of respondent no.4 Jafar Sadik Gilani, the coopted Councilor of Municipal Council, Yavatmal instead of Shrikant @ Balasaheb M. Chaudhari. Hence, the petitioner has prayed for quashing the said order dt.31.12.2013 issued by the Collector, Yavatmal communicating the Chief Officer, Municipal Council, Yavatmal referring to the letter dated 31st December, 2013 from Wamanrao Kasawar, President, Indian National Congress Party, Yavatmal District. Thus, Office of the Collector, Yavatmal informed the Chief Officer of the Municipal Council, Yavatmal about the communication received from Wamanrao Kasawar; that the petitioner was suspended on account of anti party activities and therefore, in view of the Maharashtra Local Authority Members' Disqualification Act, 1986 and the Maharashtra Local Authority Members' Disqualification Rules, 1987 (hereinafter referred to as " the Act & the Rules "), the party decided unanimously to appoint Jafar Sadik Gilani/respondent no.4 as a group leader in Municipal Council, Yavatmal on behalf of the Indian National Congress Party. Thus, in view of Rule (3) of subrule (4) of the Act, information regarding change was communicated and the Collector, Yavatmal accordingly furnished the information regarding change of group leader on behalf of the Indian National Congress Party in the Municipal Council, Yavatmal to the Chief Officer of the Municipal Council, Yavatmal. This was done to enable the Municipal Council, Yavatmal to rectify its record so as to take note about the change communicated in respect of name of the group leader on behalf of the Indian National Congress Party.
(3.) It appears that the Yavatmal District Indian National Congress Party through its General Secretary Ashokrao Bobade had informed the Collector, Yavatmal District about Resolution No.I, dt.18.12.2011 whereby earlier petitioner Shrikant Balasaheb Chaudhary was appointed and the appointment was approved by Wamanrao Kasawar, President of the Yavatmal District Congress Committee. Later said Wamanrao Kasawar, by communication dt.23.8.2013, informed the Collector, Yavatmal District that appointment of the petitioner as a group leader was cancelled and in his place, on behalf of the Indian National Congress Party, Jafar Sadik Gilani is appointed. In view of this communication sent on 23.8.2013 vide Outward No.1722 of 2013 addressed to the Collector, Yavatmal along with copy of Resolution No.1, dt.23.8.2013 of the party, which was proposed by one Surekha Malvi and approved by Radhika Santosh Gorle, the Resolution was unanimously accepted. Thus, the Collector, Yavatmal had noted the change. The Collector had also noted protest by the petitioner dt.17.12.2013 and informed the Municipal Council, Yavatmal about the letter received from Wamanrao Kasawar, dt.23.8.2013 regarding appointment of Jafar Sadik Gilani as a party leader in the Municipal Council, Yavatmal. The Collector, Yavatmal was specifically requested to note by the President of Yavatmal District Congress Committee by communication dt.23.8.2013 that petitioner Shrikant Balasaheb M. Chaudhari was suspended on account of anti party activities and in his place, Jafar Sadik Gilani has been appointed as a group leader on behalf of the Indian National Congress Party in the Municipal Council, Yavatmal. Thus, apparently, it appears that since the President of Yavatmal District Congress Committee had informed the Collector, Yavatmal about change in the name of Group leader of the Indian National Congress party in the Municipal Council, Yavatmal, the petitioner questioned the order issued by the Collector, Yavatmal dt.31.12.2013 to delete the name of the petitioner from the post of Gat Neta (group leader) and to substitute the name of the petitioner by the name of Jafar Sadik Gilani (respondent no.4). The petitioner has questioned action of the Collector on the ground that, in the notification published on 30.8.2012, the name of the petitioner was shown as a group leader on behalf of the Indian National Congress Party and the action of the District President of the Indian National Congress Party in issuing the letter communicating that Jafar Sadik Gilani is appointed as a group leader on behalf of the Indian National Congress is assailed being unjust, contrary to law and without any legal sanctity.;