Ajay Ramdas Ramteke and Anr. Versus Mahanagar Sudhar Samiti, Akola & Ors.

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.1388 OF 2015

(Arising out of S.L.P. (Civil) No. 28853 of 2013)

Ajay Ramdas Ramteke and Anr. … Appellants

Versus

Mahanagar Sudhar Samiti, Akola & Ors. …Respondents

Brief facts of the case are that elections were held for Akola Municipal Corporation in February, 2012, wherein 73 councillors were elected to the House. 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”. On 5.3.2012, within one month of the election, leader of the said group submitted an application before the Divisional Commissioner for its registration under second proviso to Section 31A(2) of the 1949 Act. It appears that in the meantime there was a controversy as to whether two of the elected members projected to be part of the group were actually members of the aghadi (respondent no.1) or another group Akola Vikas Mahaaghadi (present respondent no.6). The said issue was decided by the High court by a detailed judgment dated 08.05.2012 passed in writ petition no. 1426 of 2012 holding that the aforesaid two members were not part of either respondent no. 1 or 6. Thereafter, the Divisional Commissioner passed a detailed order on 28.08.2012 where by the application for registration of respondent no.1 as aghadi filed in March 2012 was rejected. Said order was not challenged by any party. However, meanwhile Resolution dated 29.04.2013 was passed by the Akola Municipal Corporation whereby the present appellants and six others (present respondent nos. 9 to 14) were nominated in the Standing Committee as members thereof. The Resolution was challenged by respondent nos. 1 to 3 by filing a Writ Petition no. 2571 of 2013 before the Nagpur Bench of the High Court of Judicature at Bombay. A preliminary objection was raised on behalf of Mayor (respondent no. 4) before the High Court that the writ petition was not maintainable. Defending the Resolution dated 29.04.2013, it was stated that there was no illegality in nominating the members whose names figured in the Standing Committee constituted vide Resolution dated 29.04.2013….read more