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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
Arun R. Pedneker, J.
Shobha & Ors. – Appellants
Versus
State of Maharashtra & Ors. – Respondents
Writ Petition No. 12628, 12635 of 2022
Decided On : 08-03-2023
Disqualification - Maharashtra Local Authority Members' Disqualification Act, 1986 - Section 7
Fact of the Case:
The petitioners were elected in the general election of the Bhusawal Municipal Council from the Bhartiya Janta Party (BJP) and later joined the Nationalist Congress Party (NCP) before the completion of their term. A complaint was filed under Section 3 of the Maharashtra Local Authority Members' Disqualification Act, 1986, leading to their disqualification. The petitioners challenged the orders, arguing that the Act was not applicable after the expiry of their term and that the disqualification should be limited to the remainder of the term.
Finding of the Court:
The court found that the petitioners were disqualified under Section 3(1)(a) of the Act for voluntarily giving up their membership of the BJP and joining the NCP. The court held that the disqualification could not extend beyond the term of the Municipal Council and set aside the orders disqualifying the petitioners beyond the period of their elected term.
Issues: The issues revolved around the applicability of the Maharashtra Local Authority Members' Disqualification Act, 1986 after the expiry of the term, the interpretation of Sections 3(1)(a) and 3A(2) of the Act, and the duration of disqualification.
Ratio Decidendi: The court interpreted the relevant provisions of the Act, emphasizing that disqualification under Section 3(1)(a) could not extend beyond the term of the Municipal Council. The court also clarified the distinction between disqualifications under Sections 3(1)(a) and 3(1)(b), and the applicability of the provisos.
Final Decision: The court partly allowed the Writ Petitions, upholding the disqualification of the petitioners for the term of the Municipal Council but setting aside the orders that extended the disqualification beyond the elected term.
JUDGMENT
Arun R. Pedneker, J. - 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:-
ORDER
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
Disqualification under the Maharashtra Local Authority Members' Disqualification Act, 1986 cannot extend beyond the term of the Municipal Council, and the duration of disqualification is determined b....
There can be many inferences for voluntarily giving up the membership even if one has not resigned; the case at hand is one where the petitioners have all resigned, therefore, no inference need be dr....
Elected councillors can be disqualified for abstaining from votes if they fail to prove lack of proper service of a whip under anti-defection laws, as intent and knowledge of proceedings are crucial ....
The main legal point established in the judgment is the requirement for clear communication of the direction issued by a political party to its councilors to invoke the provisions of the Karnataka Lo....
Disqualification under Section 3(1)(b) of the Act does not prohibit a disqualified person from contesting a subsequent by-election or election, as interpreted in Article 191(2) of the Constitution of....
Voluntary resignation or merger with another party, as per the Defection Act, leads to disqualification, regardless of subsequent actions or acceptance of resignation.
Point of Law- In exercise of discretionary power of judicial review under Article 226 of the Constitution, the High Court might interfere with administrative matters only if the decision is violative....
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