The Bombay High Court on Monday kept in abeyance the Thane district collector’s decisions withdrawing recognition of the Ambernath Vikas Aghadi (AVA), formed after the BJP joined later suspended Congress membersand recognize Eknath Shinde-led Shiv Sena and Ajit Pawar’s NCP alliance as a pre-poll alliance in the municipal council.
The Bombay High Court also kept the initial decision to recognize AVA in abeyance and directed the Thane district collector to pass a reasoned order on the arguments of the rival factions.
On January 17, while hearing AVA’s petition, a bench of Justices Ravindra V Ghuge and Abhay J Mantri temporarily postponed the meeting for formation of various thematic committees, including those related to public health, public works and education, in the Council, till January 19 evening.
Ambernath, in the state’s Thane district, attracted national attention when the BJP joined hands with its arch-rival Congress to sideline Shinde Sena, its state ruling partner, from power in the municipal council.
While the BJP won the municipal council president’s post through direct election, the Shinde Sena, with 27 out of 60 seats, emerged as the largest party, followed by the BJP (14), the Congress (12), the Ajit Pawar-led NCP (4) and the Independents (2). No one reached the halfway mark on their own.
Initially, the AVA, comprising 14 BJP, 12 Congress, 4 NCP (AP) and 1 independent leader, submitted a letter to the Thane collector, with BJP’s Abhijeet Gulabrao Karanjule-Patil as the group leader (for the post of vice president). On January 7, the AVA was recognized by the collector as a pre-election alliance.
After furor over alliance, Congress suspended all 12 elected members and the Chief Minister of Maharashtra Devendra Fadnavis He also ordered his party to break the alliance with the Congress, calling it “unacceptable”. Later, all 12 Congressmen joined the BJP.
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AVA moves Bombay High Court
However, after 4 members of Ajit Pawar’s NCP decided to support Shinde Sena on January 9, the collector recognized their alliance as “pre-poll alliance” and disowned AVA, prompting him to approach HC.
The AVA, through senior advocate Girish Godbole, claimed that the collector’s decision was illegal as the alliance was to be considered a pre-poll alliance for all purposes, including the appointment of the issue committees.
On January 17, the Justice Ghuge-led bench orally observed that the four councilors of the Ajit Pawar-led NCP created a “mess” by repeatedly switching sides and that they “cannot hold the entire democratic system to ransom”. The court had suggested that the parties resolve the matter and, with their consent, had postponed the meeting for the appointment of the committees in question until 5 pm on January 19.
On Monday, Justice Ghuge orally commented: “Does anyone want to suggest that these four people file an affidavit taking a stand? First they were with you (AVA), now with them (Shinde Sena) and after we pass orders, they will go to a third party… They are globetrotting.”
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Subsequently, the parties in the matter agreed that the communications of January 7 and 9 be suspended, while the Municipal Council maintained that it had no say in the controversy between political parties.
Without going into the merits of the matter, the HC referred it to the Thane collector and directed the parties to appear before him on January 28 for hearing. The collector was asked to issue reasoned order within 21 days of closure of the matter and to announce the same within 21 days.
The court also noted that the thematic commissions will not be constituted for 15 days after the collector takes a decision on the matter.
“Since the aggrieved party would have an opportunity to assert an adverse order, the order passed by the district collector would not be effective for 15 days from the date of delivery of the order to the parties,” the court noted while resolving the plea.