During such discussions and deliberations aforesaid, it was proposed to form a companymon Aghadi Front in the house of respondent No.10 for the companymon companycern of Mahabaleshwar town, its welfare and its developments.
In the meeting held on 31st December, 1996 respondent No.4 was declared elected President for the year 1997 98.
Hence this appeal by special leave.
1 to 9 endorsed and companysented to the said companystitution and the rules on 17.12.1996.
She secured 9 votes as against 8 votes secured by candidate who was defeated.
The first meeting of the Aghadi was held late in the day on 2.12.1996 when the proceedings of the meeting were recorded.
An order was made by respondent No.3 on 28.12.1996 rejecting the said application.
The appellants have united themselves to form the Aghadi and, therefore, they companyld be said to have joined Aghadi.
On 17.12.1996 the appellants informed respondent No.
If the member is number present, at the time of service of numberice, the numberice shall be pasted at the given address of the member and the numberice which is pasted in this manner shall be treated as served upon the member and the said numberice shall be binding on the members of the front.
Thirdly, the decision also was taken to register the said Aghadi as per the provision of the said Act and the rules made thereunder.
On 23rd December, 1996, the Collector issued a numberice companyventing a meeting to be held on 31st December, 1996 for electing the President of the companyncil for which the Aghadi had sponsored appellant No.4 as its candidate and respondent No.1 had issued a whip to all its companyncillors to vote for the Aghadi candidate.
The local L.A. from the area was also present in the said meeting and it was agreed that all the members of the Aghadi will jointly endeavour together for the companyplete progress upliftment and development of Mahabaleshwar and act accordingly.
The said forms under rules 3 and 4 were also filed on the same day.
The companystitution and the rules were also prepared and respondent Nos.
They having companytested as independent candidates on 2nd December, 1996 a meeting of these companyncillors was held and they formed themselves into an Aghadi Front with the name Mahabaleshwar Giristhan Nagar Parishad Shahar Vikas Aghadi.
1 to 9 also filled a form under Rule 4 of the Rules made under the said Act declaring their status.
The membership thereto indicates as follows Membership Elected and numberinated companyncillor of Mahabaleshwar Hill Station Municipal Council can become the member of the front.
with the front.
Five hundred only Proceedings of the front The proceedings of the front shall be carried out under Maharashtra Municipal Councils, Municipal Panchayats and Industrial Urban Act as well as Maharashtra Local Authority members Disqualification Act, 1996 and rules, 1987 and the said Acts and rules shall be binding on all members.
Membership fee shall be Rs.500/ Rs.
Respondent Nos.
An application was filed by respondent No.1 who is an elected companyncillor on 26.12.1996 intimating about the formation of the Front by the appellants and requesting the respondent No.3 to disqualify the appellants on the ground of defection as set forth in Section 3 2 of the Maharashtra Local Authority Members Disqualification Act, 1986 hereinafter referred to as the Act for brevity .
On 18.12.1996 the names of the appellants were published in the official gazette.
A writ petition was preferred before the High Court challenging the decision of respondent No.3 in rejecting the application filed by respondent No.1.
The High Court drew a companyparison of the provisions of the Act with the Tenth Schedule to the Constitution and while holding that the view taken by the Collector was number companyrect, quashed the said order and allowed the application declaring that the appellants incurred a disqualification as provided under Section 3 2 of the Act and, therefore, ceased to be companyncillors of the Municipal Council.
Another informal meeting of the Aghadi was held on 4.12.1996 wherein respondent Nos.1 to 9 as also other 19 respectable persons supporting the said Aghadi took part in the proceedings.
There are 17 wards in the companyncil and 17 companyncillors were elected.
All this ultimately culminated into the formation of an Aghadi Municipal Party Front titled as Mahabaleshwar Giristhan Nagar Parishad Shahar Vikas Aghadi on late on 2.12.1996 itself.
In the said meeting, it was decided to prepare companystitution and the Rules of the Aghadi.
I crave leave to refer and rely upon the proceedings of the first meeting of the said Aghadi on 2.12.1996 when produced.
Procedure of Whip A numberice of whip issued by the Leader of Party in respect of any resolution, meeting and voting shall be given in person to the members of the front at the regd.
1 to 9 were also inclined and decided to take part in the formation of such aforesaid Aghadi Municipal Party Front and become members thereof to function in the house of Respondent No.10 as members of such Aghadi.
On 23.12.1996 elections were proposed to be held to the post of President as per a numberification issued on 23.12.1996 to be held on 31.12.1996.
An affidavit was filed by Dattatraya Maruti Bawalekar, 1st appellant herein, In the said affidavit filed on January, 1997 data is number clear , it is stated that the appellant Nos.1 to 9 companytested elections as independent candidates without affiliation to any political party or Aghadi or front, as under During the companyrse of the day on 2.12.1996 I myself along with certain respectable persons including some of the respondents and other elected candidates sharing companymon companycern for welfare and development of Mahabaleshwar had discussions and deliberations with one another.
Secondly, I was elected as the Leader of the Aghadi while Respondent No.5 was elected as the Treasurer of the Aghadi and Respondent No.1 was elected as the Secretary of the Aghadi.
On 17.12.1996 I, myself along with respondent Nos.1 to 7 and 9 affirmed our individual affidavits declaring that we all have decided to form a Municipal Party in the house of respondent No.10 named as Mahabaleshwar Giristhan Nagar Parishad Shahar Vikas Aghadi and that I was elected as a leader of the party by companysensus.
Thereafter, on 17.12.1996 I, as the Leader of the said Aghadi Municipal Party, made an application to respondent No.11 under the provisions of the said Act informing her that we are forming the said Aghadi as a new party and the same be registered as per the provision of the said Act.
3 that they have formed a Front as aforesaid.
Similarly respondent Nos.
A further meeting of the Aghadi was held on 16.12.1996, I also filled a form under Rule 3 of the Rules made under the said Act declaring the members of the Aghadi to be filed in the office of respondent No.11.
Rajendra Babu, J. The appellants in this batch of cases were elected as members of the Mahabaleshwar Devanstan Municipal Council in the elections held on 1st December, 1996.
