2012 Supreme(Bom) 949

In the High Court of Bombay at Aurangabad
R.M.BORDE, J
Kiran S/O Narhari Wattamwar & Another
Versus
The Collector & Others
WRIT PETITION NO.1875 OF 2012 WITH WRIT PETITION NO.1993 OF 2012
Decided on : 07-05-2012

Headnote:Maharashtra Local Authority Member’s Disqualification Act, 1986 - Section 3(1) - Maharashtra L.A.M.D Rules, 1987, Rules 3, 4 and 6 - Issue of whip/directives.

       In absence of Special authorisation in favour of person issuing whip/directives, such whip/directives cannot be held to be binding on members. - In the instant matter, however, by application of principle laid down by the Supreme Court in the matter of Sadashiv H. Patil, 2001 (1) All MR 282 (SC), it needs to be concluded that neither Shri B.R. Kedar, District President of Congress (I) party nor Shri Suryawanshi, leader of the municipal party, are successful in pointing out authorisation in their favour to issue whip/directives. In the absence of specific authorisation in favour of the persons issuing directives, such directives cannot be held to be binding on the members.

       Maharashtra Local Authority Member’s Disqualification Act, 1986 - Section 3(1) - Maharashtra L.A.M.D. Rules, 1987, Rules 3, 4 and 6 - Leader of Municipal party.

       Where a declaration tendered by respondent with Collector that apart from being a member of Municipal Council he in also leader of party and Vice-President of Municipal Council was supported by record therefore he can be treated as Group leader. - On perusal of the Rules, it would transpire that in view of Rule 3, leader of each Municipal Council shall, within thirty days from the date of its formation, furnish a statement in writing containing names of members of such party together with other relevant particulars regarding such members as prescribed in Form I, and the names and designations of the members of such party who have been authorised by it for communicating with the Commissioner or, as the case may be, Collector, for the purposes of these rules. A duty is cast on every Councillor also to furnish to the Collector, within thirty days, a statement of particulars and declaration in Form III. In the instant matter, District President of Congress (1) party, informed the Collector on 17.12.2008, that respondent No. 3 has been nominated as group leader or Gat Neta. Respondent No. 3 has also presented requisite information as required by Rule 3(1)(a) of the Rules to the Collector. The Collector also issued communication on 14.12.2008 to Gajanan Suryawanshi to furnish necessary information with the Collector and in compliance with that communication, respondent No. 3 has furnished necessary information with the Collector.

       The newly elected members have also tendered information in Form- III. The information furnished to the Collector in Form I and in Form III, narrated on a single sheet of paper, bear signature/s of respondent 3 as leader of the party and of each of the member including all the petitioners as elected members.

       Apart from furnishing information along with respondent 3 recognizing him as leader of the party, each of the petitioner has also presented a declaration with the Collector. Petitioners herein has tendered a declaration informing the Collector that except being a member of the Municipal Council, each of them do not hold any office of profit or post. So far as respondent No. 3 is concerned, he has also tendered a declaration with the Collector and has declared that apart from being a member of the Municipal Council, he is also leader of the party and Vice- President of the Municipal Council. The record annexed to the petition pertaining to the year 2008 demonstrates that respondent 3 has acted as leader of the municipal party and his being a leader, has been all the while accepted by the members belonging to Congress (I) party including petitioners. The contentions raised by petitioners that respondent 3 cannot represent as group leader is unacceptable.

       Maharashtra Local Authority Member’s Disqualification Act, 1986 - Section 3(1) - Maharashtra L.A.M.D. Rules, 1987, Rule 6 - Enquiry to disqualification.

       Since trial of disqualification petition is akin to trial of election petition hence no fishing or roving enquiry to improve case of petitioner can be permitted. - Similarly, since the disqualification petition leads to a consequence of unseating a person from elected office, inquiry in the matter shall be restricted to the grounds stated in the petition. No fishing and roving inquiry to improve case of the petitioner would be permissible. The trial of disqualification petition is akin to the trial of an election petition. The petitioner is expected to state facts and grounds in his pleadings and the inquiry in the disqualification petition shall be restricted to these grounds and pleadings stated in the petition. Besides, no evidence can be led on a plea which is not raised in the pleadings and no amount of evidence can cure the defect in the pleadings.

       MAHARASHTRA LOCAL AUTHORITY MEMBERS’ DISQUALIFICATION ACT, 1987 - Section 3(1) - Mah. L.A.M.D. Rules, 1987, Rules 3, 4 and 6 - Requisite information under Section 3(1) of Act and under Rules. Where respondent tendered a declaration with Collector and declared that apart from being a member of Municipal Council, he is also leader of party and Vice President of Municipal Council therefore respondent can represent as group leader.

       MAHARASHTRA LOCAL AUTHORITY MEMBERS’ DISQUALIFICATION ACT, 1987 - Section 3(1) - Mah. L.A.M.D. Rules, 1987, Rules 3, 4 and 6 - Issuance of whip/directives. Whip/directives issued by persons having no specific authorisation for, cannot be held to be binding on members of Municipal Council.

       MAHARASHTRA LOCAL AUTHORITY MEMBERS’ DISQUALIFICATION ACT, 1986 (20 OF 1987) - Section 3 - Mah. L.A.M.D. Rules, 1987, Rule 6 - Disqualification petition. Since trial of disqualification petition is akin to trial of an election petition hence petitioner required to State facts and grounds in his pleadings and inquiry in petition shall be restricted to that grounds and pleadings stated in petition.