‘They are globetrotters’: Bombay HC keeps Ambernath alliance flip-flops in abeyance, orders Thane collector to decide on AVA

Ambernath in the state’s Thane district grabbed national attention when the BJP joined hands with arch-rival Congress to sideline Shinde Sena, its state ruling partner, from power in the municipal council.

While the BJP won the post of municipal council chairperson through a direct election, the Shinde Sena, with 27 of 60 seats, became the single-largest party, followed by the BJP (14), the Congress (12), the Ajit Pawar-led NCP (4), and Independents (2). None reached the halfway mark on its 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 Deputy Chairperson). On January 7, the AVA was recognised by the collector as a pre-poll alliance.

After the furore over the alliance, Congress suspended all 12 elected members, and Maharashtra Chief Minister Devendra Fadnavis also directed his party to break the alliance with Congress, calling it “unacceptable.” Later, the 12 Congress members joined the BJP.

AVA moves Bombay High Court

However, after 4 members of Ajit Pawar’s NCP decided to support Shinde Sena on January 9, the collector recognised their alliance as “pre-poll alliance” and de-recognised AVA, prompting it 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 subject committees.

On January 17, Justice Ghuge-led bench orally observed that Ajit Pawar-led NCPs “fence sitting” 4 councillors created a “mess” by repeatedly switching sides and they “cannot hold entire democratic system at ransom”. The bench had suggested that the parties resolve the matter and, by their consent, had postponed the meeting for appointment on the subject committees to 5 pm on January 19.

On Monday, Justice Ghuge orally remarked, “Does anyone want to suggest these 4 persons shall 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 someone third.. They are globetrotting.”

Thereafter, the parties to the matter consented that the communications of January 7 and 9 be kept in abeyance, while the Municipal Council submitted that it had no say over the controversy among political parties.

Without getting into the merits of the matter, the HC remitted it back to the Thane collector and directed the parties to appear before him on January 28 for a hearing. The collector was asked to pass a reasoned order within 21 days after the matter is closed for orders and pronounce it within 21 days thereafter.

The bench also noted that the subject committees will not be constituted for 15 days after the collector takes a decision in the matter.

“Since the aggrieved party would have the opportunity to assail an adverse order, the order passed by the District Collector would not be effective for 15 days from the date of service of the order to the parties,” the bench noted while disposing of the plea.