SUNIL HARIBHAU KALE versus AVINASH GULABRAO MARDIKAR AND OTHERS
[2015] 2 S.C.R. 220, Supreme Court of India, 2015
Outcome: Dismissed (Dismissed)
Segment: Ratio
A 
B 
[2015] 2 S.C.R. 220 
SUNIL HARIBHAU KALE 
v. 
AVINASH GULABRAO MARDIKARAND OTHERS 
(Civil Appeal No. 2080 of 2015) 
FEBRUARY 20, 2015 
[M.Y. EQBALAND KURIAN JOSEPH, JJ.] 
Maharashtra 
Local 
Authority 
Members' 
Disqualification Act, 1986 - s. 2(a), 2(i) and 2(j) rlw r. 2(b-1) 
of Maharashtra Local Authority Members' Disqualification 
C Rules, 1987 - Municipal Corporation election - Some of 
the councillors belonging to different political parties 
formed a group/alliance (aghadi) and elected the first 
respondent as their group leader - Change of Group 
leader nominated by the General Secretary of the largest 
D political party of the group (aghadi) - Propriety of- Held: 
Once a group (aghadi) is formed and duly recognized, it 
becomes a municipal party in terms of s. 2(i) - If the 
municipal party is an aghadi, its leader can be chosen only 
by aghadi - In the same way change of leader also can be 
E effected only by the aghadi and not by an outsider- Hence, 
the change of leadership was not correct. 
Dismissing the appeal, the Court 
F 
HELD: The definition of the term 'leader' uls 2(b-1) 
of 
Maharashtra 
Local 
Authority 
Members' 
Disqualification Rules, 1987 very clearly shows that 
where a municipal party is an aghadi, its leader has to be 
chosen by the aghadi or the front. Necessarily, any 
G change in the leader of the municipal party is to be 
effected by the aghadi and not by any outsider. Once the 
Rules provide for the election of the group leader, it
has 
to be done in that manner only and not in any other 
H 
220
SUNIL HARIBHAU KALE v. AVINASH GULABRAO 
221 
MARDI KAR 
manner, even when there is change of the leader. The A 
change of leader has to be in the same democratic 
process of induction, in the absence of any other method 
prescribed under the Rules concerned. Once an aghadi 
(group) is formed and duly recognized by the Divisional 
Commissioner, it becomes a municipal party in terms of B 
Section 2(i) of the Act. Once original political parties form 
a municipal party by way of an aghadi, for all purposes, 
the group leader is chosen by the municipal party 
(aghad1) only. Rules do not provide for nomination of 
group leader. Similarly, the group leader of the aghadi C 
can be changed only by the group and not by one of the 
political parties, big or small, belonging to the aghadi. 
[Para 12-13) [226-G, H; 227-A-F] 
-
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 
D 
2080 of 2015 
From the Judgment and Order dated 22.08.2014 of the 
High Court of Bombay, Nagpur Bench in W. P. No. 2772 of 
2014 
Babu H. Marlapalle, Kishor Lambat, Milind Vaishnav, 
Shryas Vaishnav (for Lambat &Associates) for the Appellant. 
E 
K. V. Vishwanathan, SatyajitA. Desai, Rahul Bhangade, 
Kishor (for Anagha S. Desai), Aniruddha P. Mayee, A. Selvin 
F 
Raja, Suhas Kadam (for Lemax Lawyers & Co.), Charudatta 
Mahindrakar, A. S. Raja, Akash Kakade forthe Respondents. 
The Judgment of the Court was delivered by 
KURIAN, J. 1. Leave granted. 
G 
2. 
Election to theAmravati Municipal Corporation was 
held
on 16. 02.2012. Of the total 87 Councillors, the Nationalist 
Congress Party with 17, Muslim League with 2, R.P.I. with 1, 
Samajwadi Party with 1 and 2 Independents formed an aghadi H
222 
SUPREME COURT REPORTS 
(2015] 2 S.C.R. 
A (group) and elected the first respondent as their group leader 
(Gal Neta). On 06.03.2012, the 23 members submitted the 
following application to the Divisional Commissioner, Amravati 
for approval of the alliance and registration of the group leader: 
B 
c 
D 
E 
" ... The newly elected Corporators of the Nationalist 
Congress Party Nos. 1 to 17 along with other newly 
elected Corporators. totaling to 23. have unanimously 
elected Shri Avinash Gulabrao Mctrdikar as a Group 
Leader of the Nationalist Congress Party. The List of 
the names of the Corporators from the Nationalist 
Congress Party, in Form- I, under Rule 31(1)(A) is 
submitted herewith. Similarly, the affidavit duly signed 
by the honourable Corporators, in Form -111, under 
Rule 4(1) is also annexed herewith. 
The strength of our Alliance is the Corporators of the 
Nationalist Congress Party numbering 1 to 17 and 
that of 6 others, totaling to 23. Hence, it is requested 
to kindly register and approve this Alliance as a 
"Nationalist Congress Party Front. ... " 
(Emphasis supplied) 
3. 
The affidavit filed by the members of the group, reads 
as follows: 
F 
" ... We, all the newly elected members oftheAmravati 
Municipal Corporation, Amravati, do hereby inform 
you that, we have formed Nationalist Congress Party 
Front; that we have the total strength of 23 members; 
that we have unanimously elected Shri Avinash 
G 
Gulabrao Mardikar, the newly elected member from
Ward No.26(8), Benoda Ward as a Group Leader of 
our Nationalist Congress Party Front; that the said 
Group Leader Shri Avinash Gulabrao Mardikar has 
hereby given his consent to work as a Leader of our 
H 
group; and that we do hereby further undertake to bind
SUNIL HARIBHAU KALE v. AVINASH GULABRAO 
223 
MARDIKAR [KURIAN, J.] 
ourselves to elect, vote and support the members 
A 
proposed and nominated by our group leader Shri 
Avinash Gulabrao Mardikar as a Mayor, Deputy 
Mayor, the President of the Standing Committee, and 
the Members and the Chair Persons of all the 
Committees; that we will not remain absent at the time 
B 
of the voting of the said election; and that we are well 
aware of the fact that under the provisions of Rule 3 
of the Maharashtra Local Authority Member 
Disqualification Act, it is binding upon us to obey the 
orders that would be passed by our group leader Shri 
C 
Avinash Gulabrao Mardikar as regards the 
proceedings of the assembly of the Amravati 
Municipal Council, otherwise, the action can be taken 
against us under the provision of Rule 3(5) of the said 
Act for the infringement of such orders .... " 
D 
(Emphasis supplied) 
4. 
The request was granted and, by order dated 
11.04.2012, the group was recognized and the first respondent 
E 
was registered as the group leader. 
5. 
Seeking a change of the leader, the General Secretary 
of the Nationalist Congress Party, on 22.03.2014, addressed 
the following letter to the Divisional Commissioner, relevant 
port of which reads as follows: 
F 
"Subject:- Nomination of the Group Leader of the 
alliance of Nationalist Congress Party in 
Amravati Municipal Corporation, Amravati. 
Res/ Sir, 
The Honourable Shri Bhashkarraoji Jadhao, 
the President,
Maharashtra Regional 
Nationalist Congress Party has been pleased 
G 
to instruct that Shri Su nil Haribhau Kale be 
H
224 
A 
B 
c 
D 
E 
F 
G 
H 
SUPREME COURT REPORTS 
[2015) 2 S.C.R. 
To, 
nominated as a Group Leader of the alliance 
of the Nationalist Congress Party (NCP) in 
Amravati Municipal Corporation, Amravati; 
and that the group under his leadership only 
be approved of. Hence, it is requested to take 
the necessary action, accordingly. 
Thanking you, 
Yours sincerely. 
Sdi-
Shivajirao Garje. 
The Divisional Commissioner, 
Amravati Division, Amravati." 
(Emphasis supplied) 
6. 
The Divisional Commissioner, by order dated 
16.06.2014, registered the appellant herein as the group leader 
based on the letter of the Secretary of the Nationalist Congress 
Party. The relevant portion of the order reads as follows: 
" ... It appears that from the letter of Shri Shivajirao 
Garje appointment of Shri Su nil Kale has been made 
as Group Leader of the Party in Amravati Municipal 
Corporation. There is a prevailing system of 
appointing group leaders/parted on the elected 
groups of all political parties by the political parties 
themselves. Under these circumstances giving 
approval to the appointment of Shri Su nil Kale on the 
post of Group Leader appears to be correct. 
Hence by way of rejecting the application of the 
applicant Name of Shri Sunil Haribhau Kale is being 
registered as Group Leader of Rashtravadi Congress 
Party inAmravati Municipal Corporation .... " 
(Emphasis supplied)
SUNILHARIBHAU KALE v. AVINASH GULABRAO 
225 
MARDIKAR [KURIAN, J.] 
7. 
The first respondent challenged the order before the A 
High Court. By the impugned judgment dated 22.08.2014, the 
High Court allowed the Writ Petition and quashed the order. 
The High Court took the view that the General Secretary of 
one of the political parties forming the aghadi (group), was 
not competent to make a request to the Divisional B 
Commissioner to register change of the group leader and that 
the Divisional Commissioner acted wholly without jurisdiction 
in registering the change as requested by one of the political 
parties. 
c 
8. 
Aggrieved, the appeal. 
9. 
Heard the learned counsels appearing on both sides. 
10. Section 2(a) defining "aghadP', Section 2(i) defining 
"municipal party" and Section 2U) defining "original political D 
party", of the Maharashtra Local Authority Members' 
Disqualification Act, 1986 (hereinafter referred to as 'the Act') 
read as follows: 
"2(a) "aghadt" or "front" means a group of persons 
who have formed themselves into a party for the 
purpose of setting up candidates for election to a local 
authority;" 
)()()( 
)()()( 
)()()( 
"2(i) "municipal party'', in relation to the councillor 
belonging to any political party or aghadi or front in 
accordance with the Explanation to Section 3, 
means,-
(i) 
in the case of a councillor of a Municipal 
Corporation, the group consisting of all councillors . .if 
the Municipal Corporation for the time being
beloIJ.9!rG:i. 
to that political party or aghadi or front in accordance 
with the said Explanation; 
E 
F 
G 
H
226 
SUPREME COURT REPORTS 
[2015] 2 S.C.R. 
A. 
(ii) in the case of a councillor of a Municipal Council, 
the group consisting of all the councillors of the 
Municipal Council for the time being belonging to that 
political party or aghadi or front in accordance with 
B 
c 
D 
E 
F 
the said Explanation;" 
"2U) "original political party", in relation to a councillor or 
a member, means the political party to which he belongs 
for the purposes of sub-section (1) of section 3;" 
(Emphasis supplied) 
11. Rule 2(b-1) of the Maharashtra Local Authority 
Members Disqualification Rules, 1987 (hereinafter referred 
to as 'the Rules') defines a 'leader to a municipal party (group 
leader/Gat Neta), relevant portion of which reads as follows: 
"2(b) "Form" means the form appended to these rules; 
[b-1 ](i) "Leader in relation to a municipal party" means 
a Councillor chosen by each political party, or aghadi 
gr front in the Municipal Corporation or as the case 
may be in the Municipal Council as its leader and 
includes any other Councillor of such party or aghadi 
or front authorized by it to act in the absence of the 
leader as, or discharge the functions of the leader of 
such party or aghadi or front for the purposes of these 
rules." 
(Emphasis supplied) 
12. The definition of the term 'leader' very clearly shows 
that where a municipal party is an aghadi, its leader has to be 
G chosen by the aghadi or front. Necessarily, any change in the 
leader of the municipal party is to
be effected by the aghadi 
and not by any outsider. Once the Rules provide for the election 
of the group leader, it has to be done in that manner only and 
not in any other manner, even when there is change of the 
. H leader. The change of leader has to be in the same democratic
SUNIL HARIBHAU KALE v. AVINASH GULABRAO 
227 
MARDIKAR [KURIAN, J.] 
process of induction, in the absence of any other method A 
prescribed under the Rules concerned. 
13. Once an aghadi (group) is formed and duly 
recognized by the Divisional Commissioner, it becomes a 
municipal party in terms of Section 2(i) of the Act. Once original 
8 
political parties form a municipal party by way of an aghadi, 
for all purposes, the group leader is chosen by the municipal 
party (aghad1) only. Rules do not provide for nomination of 
group leader. Similarly, the group leader of the aghadi can be 
changed only by the group and not by one of the-poli!icaL-..c 
parties, big or small, belonging to the aghadi. In a democ~acy, 
a leader is not imposed; leader is elected. Once the birth of a 
leader in a group is by way of election by the group, the group 
leader thus elected cannot be replaced otherwise than through 
the very same process of the election in the group, in the o 
absence of any rules to the contra. No doubt, the Nationalist 
Congress Party has 17 members in the aghadi (group). That 
does not mean that the said party can impose a group leader 
in the aghadi. Imposition of a group leader otherwise than by 
the democratic process cuts at the roots of the democracy E 
and certainly it is in violation of the Rules. It is always open to 
the original political parties to have their respective leaders in 
the aghadi. However, as far as group leader is concerned, he 
has to be
elected by the aghadi (group). 
14. Thus, although for a few other different reasons as 
well, apart from those sounded by the High Court in the 
impugned order, we agree with the view taken by the High 
Court. The appeal hence is dismissed. The interim order dated 
05.09.2014 is vacated. 
15. There shall be no order as to costs. 
Kalpana K. Tripathy 
Appeal dismissed 
F 
G