Case Note & Summary
The petitioner, Mangesh Tambe, a Municipal Councillor of Parola and elected from Shivsena party, challenged the Collector's communication dated 15.12.2017 declaring respondent No. 4, Deepak Anushtan, as the Gatneta (Group Leader) of the Shivsena Municipal Party. In November 2016, municipal council elections were held, and five Shivsena candidates, including the petitioner and respondent No. 4, were elected. On 27.11.2016, all five elected the petitioner as their party leader and submitted a representation to the Collector, who accepted it and declared the petitioner as Gatneta. Subsequently, some members became aggrieved by the petitioner's conduct. On 12.12.2017, respondent No. 4 issued a notice for a meeting to discuss an urgent matter. The meeting was held on the same day, attended by respondent No. 4 and two other members, while the petitioner and one member remained absent. The three members unanimously resolved to change the Gatneta and selected respondent No. 4. This decision was communicated to the Collector, who by the impugned communication recorded that respondent No. 4 had become Gatneta. The petitioner challenged this communication on grounds that respondent No. 4 had no authority to call the meeting, notices were not properly served, and the meeting was invalid. The court held that the Collector's role is ministerial and he is bound to recognize the leader chosen by the majority of party members. The meeting was validly convened and attended by a majority, and the decision to change the Gatneta was valid. The court dismissed the petition, upholding the Collector's communication.
Headnote
A) Municipal Law - Group Leader (Gatneta) - Change of Leader - Majority Decision - The Collector's communication recognizing a new Gatneta based on a resolution passed by a majority of party members is valid. The Collector's role is ministerial and he is bound to recognize the leader chosen by the majority. The earlier resolution electing the petitioner as Gatneta does not preclude the majority from changing the leader. (Paras 5-7) B) Municipal Law - Group Leader (Gatneta) - Authority to Convene Meeting - Any member can convene a meeting for change of leader; no specific authority required. The meeting was validly convened by respondent No. 4 and attended by three out of five members, constituting a majority. (Para 5) C) Municipal Law - Group Leader (Gatneta) - Notice of Meeting - The notice was served on the petitioner and other members. The petitioner's absence does not invalidate the meeting. The decision taken by the majority is binding. (Para 5)
Issue of Consideration
Whether the Collector's communication recognizing respondent No. 4 as Gatneta (Group Leader) of Shivsena Municipal Party is valid when the petitioner was earlier recognized as Gatneta and the change was effected by a meeting of three out of five members without the petitioner's consent.
Final Decision
The petition is dismissed. The Collector's communication dated 15.12.2017 recognizing respondent No. 4 as Gatneta is upheld.
Law Points
- Group leader (Gatneta) can be changed by majority of party members
- Collector's role is ministerial
- no requirement of prior party approval for change of leader
