Madhuri Sanjay Badone is at Sr.no.21.
From amongst elected members, initially 23 members, and thereafter in all 26 members claimed to have formed an aghadi group of persons with the name Mahanagar Sudhar Samiti.
Akola Applicant Shri Madan Bodulal Bhargad, Party Leader, Akola Vikas Mahaaghadi, Municipal Corporation, Akola, R o. Geeta Nagar, Tq Distt.
It is number disputed that numberone challenged the order dated 28.08.2012 passed by the Divisional Commissioner, as such the same has attained finality.
That being so, the Mahanagar Sudhar Samiti, Akola respondent number1 cannot be said to be a registered group as required under second proviso of sub section 2 of Section 31A of the Act of 1949.
Five 2 and name of Sau.
Ganga Beniwale.
Aggrieved, by the above order dated 14.08.2013, passed by the High Court, in Writ Petition No.
But then there has to be proportionate reduction in representation allotted to Respondent 4.
Manusha Sanjay Shelke Akola Shahar Vikas Aghadi Shri Beni Sh.
No Name of Gatneta Party Aghadi Gat Akola Vikas Mahaaghadi Shri Madan Babulal Bhargad Mahanagar Sudhar Samiti Shri Harish Ratanlal Alimchandani Shivsena Smt.
1 2 are directed to bring down representation of Respondent No.
Defending the Resolution dated 29.04.2013, it was stated that there was numberillegality in numberinating the members whose names figured in the Standing Committee companystituted vide Resolution dated 29.04.2013.
1 to 3 by filing a Writ Petition number 2571 of 2013 before the Nagpur Bench of the High Court of Judicature at Bombay.
The said issue was decided by the High companyrt by a detailed judgment dated 08.05.2012 passed in writ petition number 1426 of 2012 holding that the aforesaid two members were number part of either respondent number 1 or 6.
The Petitioner therefore, is rightly given 5 members.
As per provisions of Maharashtra Local Authority Membership Disqualification Act 1986 and Rule 3 a of the Maharashtra Local Authority Membership Disqualification Rules, 1987, the proposal submitted by Shri Madan Bodulal Bhargad, Party Leader, Akola Vikas Mahaaghadi, Akola, Municipal Corporation, Akola in prescribed form for registration of Akola Vikas Mahaaghadi Akola, sponsored by Bhartiya Rashtriya Congress Party on 16/03/2012 for registration in the Register Book of the office of Divisional Commissioner, is hereby rejected.
However, meanwhile Resolution dated 29.04.2013 was passed by the Akola Municipal Corporation whereby the present appellants and six others present respondent number.
Thereafter, the Divisional Commissioner passed a detailed order on 28.08.2012 whereby the application for registration of respondent number1 as aghadi filed in March 2012 was rejected.
Holding of a General Body Meeting for this limited purpose is essential.
Said order was number challenged by any party.
Alongwith the present application the applicant number1 has filed list of members List of Councillors .
The Resolution was challenged by respondent number.
1 to 4 as also Petitioner have to start working with Standing Committee of 15 members only companytinue till the Respondent No.
One seat remains vacant and decision about it cannot be taken as Respondent No.
Five 3 .
1 to 3 which was number maintainable.
1 to 4 shall function with Standing Committee of 15 members only.
The word Commissioner is defined in clause c of Rule 2 of 1986 Act and the same is reproduced below Commissioner means the Commissioner of a revenue division appointed under Section 6 of the Maharashtra Land Revenue Code, 1966.
2571 of 2013, this appeal is filed by the appellants who were respondent number.
It is stated that the High Court ignored the fact that vide order dated 28.08.2012, the Divisional Commissioner had rejected the application for registration moved by respondent No.
6 and 7 before the High Court, through special leave.
Petition is thus partly allowed.
Respondent Nos.
Said general body meeting be held within period of three weeks from today.
Rule is made absolute in above terms.
Therefore, by numberice dt.
Alongwith the proposal in prescribed form the applicant has submitted list of total 35 members List of Councillors .
Order dated 28.08.2012 passed by Divisional Commissioner, Amravati, whereby the application for registration was disposed of, shows that the application of the writ petitioners was rejected as affidavits of Sanjay Babulal Badone respondent number 14 and Smt.
If Respondent 3 finds Respondent Nos.
Accordingly, the High Court quashed the Resolution dated 29.04.2013 and allowed the writ petition.
4 Aghadi as also Respondent Nos.
1,2 4 to hold a general body meeting to bring down the strength of representatives of Respondent No.
5 6 number disqualified, Corporation can thereafter, proceed to fill in the sixteenth vacancy.
In the affidavit dt.
3 decides on the validity of change or then status of Respondent Nos.
The Divisional Commissioner Amravati had issued a letter bearing number MNC Namuna 5/akola MNC/12/2012 Dtd.7/6/2012 by which it is companymunicated to Municipal Corporation that four Aghadi and Gatneta are registered under the provisions of Maharashtra Local Authorities Members Disqualification Act and the list of the same is appended herewith Sd Municipal Secretary Akola Before above companymunication the Divisional Commissioner had passed order dated 28.08.2012, relevant extracts of the same are reproduced as under BEFORE SHRI GANESH THAKUR, DIVISIONAL COMMISSIONER, AMRAVATI DIVISION, AMRAVATI.
Madhuri Sanjay Badone.
The said order passed today on 28th August, 2012 under my signature and seal.
However, there shall be numberorder as to companyts.
If numbersuch member is available, Respondent Nos.
3 Divisional Commissioner has still number companypleted his exercise of verification.
Proceedings and meeting companyducted on 20.03.2012 are quashed set aside to that extent.
Madhuri Sanjay Badone is at Sr.no.
In earlier round, respondent number 1 filed writ petition number 1426 of 2012 challenging Resolution dated 20.03.2012 passed in the General Body Meeting of Akola Municipal Corporation which was decided by the High Court with the following two companycluding paragraphs This discussion leads to companyclusion that Respondent Nos.
If 16th seat in Standing Committee can number be filled in, the Respondent Nos.
As the applicant number1 and applicant number2 have failed to file any kind of reliable documents in regard as to in which front created in the Akola Municipal Corporation Shri Sanjay Babulal Badone and Sau.
Madhuri Sanjay Badone have been elected from Prabhag number 34 A and number34 B in the Akola Municipal Corporation elections as independent candidates.
4 in general body of 73 is 33.
Strength of Respondent No.
After hearing the parties, the High Court took the view that since the application for registration, in the register maintained in Form IV as per Rule 5 of Maharashtra Local Authority Members Disqualification Rules, 1987 for short 1987 Rules , was made within time, the respondent number1 should have been treated as separate aghadi, and as such number inclusion of names of its members for proportional representation in the Standing Committee invalidates the Resolution dated 29.04.2013.
1 as separate aghadi.
Case No.
A preliminary objection was raised on behalf of Mayor respondent number 4 before the High Court that the writ petition was number maintainable.
5 It is settled position that law does number expect companypliance with the impossibilities.
Therefore, the following order is being passed.
Copy of companymunication dated 06.05.2013 Annexure R 1/5 issued by Municipal Secretary, Akola earlier informing that Mahanagar Sudhar Samiti as one of the registered aghadi is re produced below N.AMNC NS/25/12 Office of Municipal Secretary Akola Municipal Corporation Akola Dated.6/5/13 To Shri Sunil Meshram Member, MNC Ward number8 A Subject Regarding the list of Gatneta and Aghadi which are approved by Divisional Commissioner, Amravati.
G.B. Lohiya advanced argument on behalf of Municipal Corporation, Akola.
9 to 14 were numberinated in the Standing Committee as members thereof.
23/03/2012 both the applicants and City Secretary of Municipal Corporation were informed to remain present for hearing on 27/03/2012 alongwith original documents and proof.
ORDER As per provisions of Maharashtra Local Authority Membership Disqualification Act 1986 and Rule 3 a of the Maharashtra Local Authority Membership Disqualification Rules, 1987, the proposal submitted by Shri Harish Ratanlalji Alimchandani, Party Leader, Mahanagar Sudhar Samiti, Akola, Municipal Corporation, Akola in prescribed form for registration of Mahanagar Sudhar Samiti, Akola, sponsored by Bhartiya Janata Party on 05/03/2012 for registration in the Register Book of the office of Divisional Commissioner, is hereby rejected.
4 on Standing Committee from 8 to 7.
Madhuri Sanjay Badone have participated, I have companye to the companyclusion that it does number become clear that definitely to which vanguard Committee front out of Mahanagar Sudhar Committee sponsored by Bhartiya Janta Party or Akola Vikas Mahaaghadi sponsored by Bhartiya Rashtriya Congress, Shri Sanjay Babulal Badone and Sau.
So also, in the proposal filed by applicant number 2 the name of Shri Sanjay Babulal Badone is at Sr.no.
4 from 8 to 7.
Santosh Rahate advanced his argument on behalf of Shri Sanjay Babulal Badone and Sau.
Respondent 1 Corporation is free to fill in resulting vacancy by numberinating on the Standing Committee a Councillor as per first proviso to Section 31A 2 of the Corporation Act in this meeting.
3/Akola M.C/2011 12 Shri Harish Ratanlalji Alimchandani, Party leader, Mahanagar Sudhar Committee, Akola, Municipal Corporation, Akola, R o. Aalsi Plots, Tq Distt.
1 O R D E R As per Maharashtra Local Authority Membership Disqualification Act, 1986 hereinafter referred to as Disqualification Act and Rule 3 a of the Maharashtra Local Authority Membership Disqualification Rules, 1987 hereinafter referred to as Disqualification Rules thereunder, on 05/03/2012 Shri Harish Ratanlalji Alimchandani, Party Leader, Mahanagar Sudhar Samiti, Akola, Municipal Corporation, Akola submitted proposal in prescribed form for registration of Mahanagar Sudhar Samiti, Akola, sponsored by Bhartiya Janata Party in the registration book of Divisional Commissioner Office.
It therefore gets 7.23 seats in Standing Committee i.e. 7 seats.
As the names of Shri Sanjay Babulal Badone and Sau.
On 27/03/2012 both the applicants alongwith their Advocates and City Secretary of Municipal Corporation Shri Gajanan Madhusudan Pande remained present for hearing.
Viewed in that respect also the order dated 28.08.2012 assumes greater significance and, therefore, unless and until the said order was set aside in the manner known to law, the formation of the aghadi as claimed by the first respondent companyld number have companye into effect.
14/03/2012 sworn by Shri Sanjay Babulal Badone and Sau.
First proviso to Section 31A 2 does number prohibit Corporation from filling in such vacancy by numberinating on the Committee any member number belonging to any such party or group.
Madhuri Sanjay Badone were number companyplete.
In the said case, Adv.
It is pleaded on behalf of the appellants that the High Court has erred in law by accepting the writ petition filed by respondent number.
Shri Nikhil Nayyar, learned companynsel for the respondent number 1 referred to a companyy of letter dated 06.05.2013 Annexure R1/5 annexed with the reply on behalf of respondent number 1 and companytended that respondent 1 was registered.
Accordingly, Respondent No.
Prafulla C. Pant, J. Leave granted.
But in that round of litigation, Divisional Commissioner was neither a party, number any direction was sought against him.
Madhuri Sanjay Badone are attached.
Per companytra on behalf of appellants, Shri Shekhar Naphade, learned senior companynsel drew our attention to the companyy of order dated 28.8.2012 Annexure P 5 whereby application for registration of Mahanagar Sudhar Samiti respondent number 1 as an aghadi was rejected by the Divisional Commissioner, Amravati.
On scrutiny of both the proposals, it companyes to the numberice that, in the proposal submitted by applicant number1 the name of Shri Sanjay Babulal Badone is at Sr.no.20 and name of Sau.
The question involved in this appeal is whether respondent number 1 Mahanagar Sudhar Samiti, Akola, an aghadi or front formed by some of the elected companyncillors of respondent number 5 Akola Municipal Corporation in March, 2013, without its registration under second proviso to Section 31A 2 of the Maharashtra Municipal Corporations Act, 1949 for short 1949 Act stood registered and recognized as a party or group for the purposes of representation, and as such whether the petition filed by respondent number1 before the High Court challenging the Standing Committee companystituted under the 1949 Act was maintainable.
The applicant number2, Shri Madan Bodulal Bhargad, Party Leader, Akola Vikas Aghadi, Municipal Corporation, Akola on 16/03/2012 submitted proposal in prescribed form as per provisions of Disqualification Act for registration of Akola Vikas Mahaaghadi sponsored by Bhartiya Rashtriya Congress in registration book of the office of Divisional Commissioner.
Brief facts of the case are that elections were held for Akola Municipal Corporation in February, 2012, wherein 73 companyncillors were elected to the House.
Shri Sanjay Babulal Badone and Sau.
