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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH
ARUN R. PEDNEKER, J.
Shobha W/o. Arun Nemade & Ors. - Petitioners
Versus
The State of Maharashtra, Through the Secretary, Department of Urban Development & Ors. - Respondents
Writ Petition Nos. 12628, 12635 of 2022
Decided On : 06-03-2023
Maharashtra Local Authority Members’ Disqualification Act, 1986 - Sections 3 and 7 - Confirming Order - General Election - Alliance to another party - Eligible for disqualification - Whether petitioners could have been disqualified for term of years from disqualification - Held, above it is clear that a person disqualified under Section 3 (1) (a) would also suffer disqualification under Section 3A (1) for the remainder of the term whereas a person disqualified under Section 3 (1) (b) would further suffer disqualification under Section 3A (2) for duration of the period of six years commencing from the date of his disqualification - submission of the Government Pleader that the disqualification would be for a period of 6 years from the date of order of the authorities even if the disqualification is under Section 3 (1) (a) of the Act of 1986, on account of the word ‘or’ is not sustainable imposes further disqualification for the period of six years only in cases covered - Writ Petition Allowed.
JUDGMENT :
1. By the present Writ Petitions, the petitioners are challenging the order dated 18.10.2022 passed by the Principal Secretary of Urban Department, Jalgaon – respondent no.1, dismissing the appeal filed by the petitioners and confirming the order dated 18.07.2022 passed by the Collector, Jalgaon – respondent no.2 whereby the application for disqualification of the petitioners filed by the respondent no.4 under Section 7 of the Maharashtra Local Authority Members’ Disqualification Act, 1986 [for short ‘the Act of 1986’] is allowed.
2. Both the Writ Petitions are taken up together for hearing since the common question of fact and law are involved.
Brief facts leading to filing the present Writ petitions can be summarized as under:
3. The petitioners in both Writ Petitions and the respondent no. 4 – complainant were elected in the general election of the Bhusawal Municipal Council from the Bhartiya Janta Party [for short ‘BJP’]. The term of the Municipal Council was from 28th November, 2016 to 29th December, 2021. On completion of the term, the State appointed an Administrator on 27.12.2021. However, on 17th December, 2021 the petitioners joined the group of Nationalist Congress Party [for short ‘NCP’] by joining them on the public meeting / platform.
4. The complaint was filed under Section 3 of the Maharashtra Local Authority Members’ Disqualification Act, 1986 to the Collector that the petitioners should be disqualified as they have defected from the party from which they are elected and has shifted their alliance to another party before completion of their term.
5. It is the contention of the respondent no.4 that the petitioners defected from the BJP party on 17th December, 2021 and the news item in that respect was published on 18th December, 2021 in the news paper. After hearing all the parties, the Collector accepted the complaint and disqualified the petitioners. The Collector has held in the operative part of the order dated 18.07.2022 [true translation], as under:-
(1) The application of applicant is admitted.
(2) As Respondent Nos.1 to 10 defected, they are being disqualified from 18.12.21 to one further term of the Municipal Council with retrospective effect (from 18/12/2021.)
(3) No orders for expenditure.
(4) The said decision be intimated to all concerned through a separate notice.
6. In Appeal before the State, the Principal Secretary of Urban Department, Jalgaon upheld the order dated 18.07.2022 passed by the Collector and has held as under:-
- The General Election of Bhusawal Municipal council was held in 2016. Shri Raman Devidas Bhole, people elected Mayor also, Shri Amol Manohar Ingle, Smt. Lakshami Ramesh Makasare, Smt. Savita Ramesh Makasare, Shri Pramod Purushottam Nemade, Smt. Megha Devendra Wani, Shri Bodhraj Dagadu Choudhary, Smt. Shobha Arun Nemade, Shri Kiran Bhagwat Kolte, Smt. Shailaja Purushottam Narkhede all members was elected on the symbol of Bhartiya Janata Party in the Election.
- Shri Bhole and 9 others also and other councilors in all 29 councilors front / Aghadi was duly registered as Bhartiya Janata Party and Independence Front / Aghadi.
- In the programme of Nationalist Congress Party Shri Bhole and other 9 announced that they have joined the Nationalist Congress Party and the news about it was published in a leading news paper of dated 18.12.21. Also, the applicant Smt.Batra has submitted to the District Collector, Jalgaon as evidence the news of the party entry ceremony in the news on Television. Bhole and 9 others could not be deposed this evidence during the hearing before the Collector, Jalgaon. Also, the appellant attended the General Meeting dated 27.12.21 of Bhusawal Municipal Council, as a Mayor and councilors and the different resolutions has also passed. The Chief Officer, Bhusawal Municipal Council in the report dated 06.01.2022 has informed the office of the Municipal Council in any way about his defection as well as his resignation. From this it appears tha
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The removal of an elected official requires strict adherence to statutory provisions and principles of natural justice, ensuring due process in disqualification cases.
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