[Civil Appeal No.1388 of 2015 arising out of S.L.P. (Civil) No. 28853 of 2013]. The question involved in this appeal is whether respondent no. 1 - Mahanagar Sudhar Samiti, Akola, an "aghadi" or "front" formed by some of the elected councillors of respondent no. 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 no.1 before the High Court challenging the Standing Committee constituted under the 1949 Act was maintainable. 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.
↧