In A Democratic Setup, The Will Of The Majority Has To Prevail
Case: Sau. Sangeeta w/o Sunil Shinde v. The State of Maharashtra and others
Coram: Justices L Nageswara Rao and BR Gavai
Case No: CIVIL APPEAL NO. 5059 OF 2021
Court Observation: “The appellant was elected as Gatneta when she enjoyed the support of all the members of INCPS Party. However, after she decided to walk on a different path, she lost the support of the majority of the INCPS Party and as such, could not have thrust her leadership on the majority”
“…this Court has clearly held that the leader of a municipal party has to be chosen by aghadi or front and not by any outsider. It has been held by this Court that the 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. It has further been held that 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 absence of any rules to the contra. It has been clearly held that imposition of a Group Leader otherwise than by the democratic process cuts at the roots of the democracy and certainly, it is in violation of the Rules”
“As soon as such a person loses the confidence of the majority, he becomes unwanted. In a democratic setup, the will of the majority has to prevail” “We are amazed to hear the argument of horsetrading from the mouth of the appellant. It is the appellant who has acted contrary to the wishes of the Party and chose to contest the election of the Chairman of the Panchayat Samiti with the support of the rival group. It is for anybody to guess as to who has indulged in horse¬trading”
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