JUDGMENT :

K.M. JOSEPH, J.

1. Leave granted.

2. The appellant who was elected as a Municipal Councillor was later elected as President of the Council on 11.02.2015. On the ground that the husband of the appellant had carried out unauthorized constructions, the appellant came to be disqualified under Section 44(1)(e) of the Maharashtra Municipal Council Nagar Panchayat and Industrial Township Act, 1965 (In short “Maharashtra Municipal Council Act”). Section 44(1)(e) reads as follows:

“[(e) has constructed or construct by himself, his spouse or his dependent, any illegal or unauthorised structure violating the provisions of this Act, or the Maharashtra Regional and Town Planning Act, 1966 or the rules or byelaws framed under the said Acts; or has directly or indirectly been responsible for, or helped in his capacity as such Councillor in, carrying out such illegal or unauthorized construction or has by written communication or physically obstructed or tried to obstruct, any Competent Authority from discharging its official duty in demolishing any illegal or unauthorised structure:]”

3. The disqualification was done on the basis of application dated 26.09.2016 by the second respondent. Initially, the Collector by order dated 04.05.2017 found the appellant disqualified. The appeal carried by her was unsuccessful. She challenged the statutory orders in a writ petition before the High Court. The High Court by the impugned order dismissed the petition.

4. We heard the learned counsel for the parties.

5. Mr. Vinay Navare, learned senior counsel appearing for the appellant, pointed out that husband of the appellant, who allegedly carried out the unauthorized constructions, had deemed permission within the meaning of Section 45(5) of the Maharashtra Municipal Council Act. It is further contended that the Court may consider that carrying out illegal activity attracts penal provision and it is a grave matter and the impugned order could not be sustained. He further submitted that a perusal of Section 44(1)(e) would show that the appellant cannot be held responsible even if her spouse had put up illegal structures.

6. Per contra, the learned counsel for the respondents essentially contended that the court may proceed on the basis that the construction which has been carried out on the basis of the so-called deemed provision may not be sufficient to disqualify the appellant. However, they only contended that admittedly the appellant carried out the construction of temporary structure.

7. Rebutting the contention of the respondents regarding her husband having carried out temporary constructions, it is submitted by appellant that the impugned orders did not bear out any specific consideration of the same. The matter relates to disqualification which requires greater care.

8. The first contention which we would address is that merely proceeding on the basis that her husband put up the structures, it is not sufficient to attract Section 44(1)(e) of the Maharashtra Municipal Council Act. We are afraid that the contention of the appellant in this regard cannot be sustained. A perusal of Section 44(1)(e) would show that it falls in three parts.

9. The first limb of Section 44(1)(e) declares inter alia that if a Councillor has constructed or constructs by himself [which would also include a construction by a lady Councillor], it would invite the wrath of the provision and it suffices to disqualify the Councillor. This is no doubt subject to construction being illegal or unauthorized, that is, in violation of the provisions of Maharashtra Municipal Council Act or Maharashtra Regional or Town Planning Act (In short ‘MRTP Act’) or the rules or bye-laws made under the said Act. Further, in order to attract the first limb, it is sufficient if the spouse of the Councillor or the dependent carries out any illegal or unauthorized construction as aforesaid. In short, if the Councillor, his spouse or dependent carries out any illegal or unauthorized construction as af