2010 Supreme(SC) 1199

2010 (8) Supreme 449
SUPREME COURT OF INDIA
J.M. Panchal and Gyan Sudha Misra, JJ.
Kedar Shashikant Deshpande etc. etc. — Appellants
versus
Bhor Municipal Council & Ors. etc. etc — Respondent
Civil Appeal Nos.10452-10457 of 2010
(Arising out of S.L.P. (Civil) Nos. 7477-7482 of 2010
Decided on : 10-12-2010

IMPORTANT POINTS
Defect in verification of the petition is not fatal. It is curable.
Not necessary for the competent authority to hear the defendants in the disqualification petition.
Supreme Court can itself adjudicate upon and decide the question of disqualification.

Headnote:(a) Maharashtra Local Authority Members Disqualification Rules, 1987 – Rule 6(4) and 6(3) r/w Section 83(1)(c), Representation of the People Act, 1951 – Directory in nature – Defect in verification of the petition – Not fatal – Is curable – Does not affect jurisdiction of the Collector to entertain and decide disqualification petition – a (Para 7)

        AIR (1999) SC 768; (1964) 3 SCR 573; (1964) 6 SCR 213; (1979) 2 SCC 221 (1991) 3 SCC 375 – Relied upon

        (b) Maharashtra Local Authority Members Disqualification Act, 1986 – Section 3(1)(a) and 3(1)(b) – Sections 3(1)(a) and 3(1)(b) operate on their own force – On satisfaction of the conditions prescribed, a corporator stands disqualified – Reference to the competent authority is only for the purpose of bringing to its notice the relevant information about the disqualification. (Para 12)

        (2004) 8 SCC 747 – Relied upon

        (c) Maharashtra Local Authority Members Disqualification Act, 1986 – Section 7 – Disqualification petition is not a lis between the two private parties – May be filed for a limited purpose of bringing relevant information to the notice of the Collector who is duty bound to decide the petition in accordance with law. (Para 11)

        (d) Maharashtra Local Authority Members Disqualification Rules, 1987 – Rule 6(4) and 6(3) r/w section 99, CPC – Verification of the disqualification petition and/or annexures accompanying the petition is a matter between the persons filing the petition and the competent authority – Not necessary for the competent authority to hear the defendants in the disqualification petition. (Para 12)

        (e) Maharashtra Local Authority Members Disqualification Act, 1986 – Section 2(b) – Competent authority – Objection as to Additional Collector not having jurisdiction not raised in for a below – Cannot be taken for the first time in appeal. (Para 14)

        (1975) 3 SCC 254 – Relied upon

        (f) Judicial Propriety – Competent authority – Objection as to Additional Collector not having jurisdiction not raised in for a below – Being a question of fact cannot be taken for the first time in appeal. (Para 14)

        (g) Maharashtra Local Authority Members Disqualification Act, 1986 – Section 2(b) r/w Section 13(3) of the Maharashtra Land Revenue Code, 1966 – Additional Collector has delegated authority – Having submitted to the jurisdiction of an authority it is not open to question jurisdiction of that authority. (Para 14)

        (i) Constitution of India – Tenth Schedule – Issue of disqualification being of public importance and not merely private rights should not remain undecided due to any reason whatsoever – Supreme Court can itself adjudicate upon and decide the same. (Para 15)

        (2007) 4 SCC 270 – Relied upon

        (j) Maharashtra Local Authority Members Disqualification Act, 1986 – Section 3(1)(a) – The provisions are absolute in terms and are mandatory – A councillor or a member belonging to any political party or aghadi or front shall be disqualified, if he has voluntarily given up his membership of such political party or aghadi or front. (Para 18)

        (k) Maharashtra Local Authority Members Disqualification Act, 1986 – Section 3(1)(b) – A councillor or a member shall be disqualified for being a councillor or a member if he votes or abstains from voting in any meeting of a Municipal Corporation, Municipal Council, zilla Parishad or, as the case may be, Panchayat Samiti contrary to any direction issued by the political party or aghadi or front to which he belongs. (Para 20)

        (l) Maharashtra Local Authority Members Disqualification Rules, 1987 – Rules, 1987 – Rule 4(3) and Rule 4(4) r/w section 3 – Non-publication of Form I and III – Not fatal to the issue of disqualification. (Para 25)

        (m) Judicial Review – Additional Collector inadvertently mentioning Section 3(1)(c) instead of Section 3(1)(a) – Merely quoting wrong provisions of the statute while exercising power would not invalidate the order. (Paras 26 and27)

        (n) Constitution of India – Tenth Schedule r/w section 3(1)(a) – If the Court comes to the conclusion that a member had incurred disqualification in terms of the provisions of the Act then the Court has no alternative but to interfere with the election of the appellants even though they have been democratically elected candidates. (Para 28)

       Facts of the case:

        Question of disqualification of a person to become member of Municipal Council is raised in these appeals.

       Finding of the Court:

        The appellants incurred disqualification u/s 3(1)(a).

       Result : Appeals dismissed.