A councillor elected as an independent candidate and part of a post-election Aghadi is governed by the Disqualification Act for all purposes, treated as a pre-poll Aghadi.

JUDGMENT :

Nitin Jamdar, J.

The question this larger Bench is called upon to answer is whether a councillor who has contested the elections of a Municipal Council as an independent candidate and has formed/become part of an Aghadi registered pursuant to the second Proviso to Section 63(2B) of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 is governed by Section 3 of the Maharashtra Local Authority Members’ Disqualification Act, 1986 for all purposes for all meetings as a member of such Aghadi till the term of the Council, or such an Aghadi is for a restricted purpose such as only for subject committees. Reference is made by the single judge of this Court doubting the correctness of the decision of the Full Bench of this Court in the case of Shah Faruq Shabir and Ors. vs. Govindrao Ramu Vasave and Ors., (2016) 5 Mh.L.J. 436, holding that the Aghadi registered under second Proviso to Section 63(2B) is for a restrictive purpose. Thus, the crux of the matter is whether the Aghadi under Section 63(2B) is intended for specific or all-encompassing purposes. The resolution of this dispute hinges on the interpretation of the above statutory provision.

2. The relevant statutory framework under consideration are the provisions from the Maharashtra Local Authority Members’ Disqualification Act 1986 (The Disqualification Act); the Maharashtra Local Authority Members’ Disqualification Rules 1987. (The Disqualification Rules); the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 (Municipalities Act), and Maharashtra Municipal Corporations (Qualifications and Appointment of Nominated councillors) Rules 2006-07.

3. The Disqualification Act received the assent of the Governor on 28 July 1987. The object of the Act is to curb defections and disqualify members of certain local authorities on the grounds of defection and related matters. Section 2(a) of the Disqualification Act defines an Aghadi as a group of persons who have formed themselves into a party to set up candidates for election to a local authority. The Municipalities Act is structured to provide a uniform pattern of administration and powers for Municipalities. Section 63 of the Municipalities Act falls under Chapter 3, which deals with the election and removal of the President and Vice President and their governing functions. Each Subject Committee of the Council consists of such number of councillors as the Council may determine. The Collector calls a special meeting of the Council to determine the number of members for each of the Subject Committees. In nominating the councillors, the Collector considers the relative strength of recognised parties or registered parties. It will be appropriate to reproduce the second Proviso to Section 63(2B) of the Municipalities Act at this stage.

Provided further that, for the purpose of deciding the relative strength of the recognised parties or registered parties or groups under this sub-section, the recognised parties or registered parties or groups, or elected Councillor not belonging to any such party or group may, notwithstanding anything contained in the Maharashtra Local Authority Members’ Disqualification Act, 1986, within a period of not more than one month from the date of notification of election results, form the Aghadi or front and, on its registration, the provisions of the said Act shall apply to the members of such Aghadi or front, as if it is a pre-poll Aghadi or front.

(emphasis supplied)

Thus, to decide the relative strength of the recognised parties or registered parties or groups, these parties or groups, or an elected councillor not belonging to any such party or group, may form an Aghadi or Front within one month from the notification of the election results. Upon its registration, the provisions of the said Disqualification Act shall apply to the members of such an Aghadi or Front as if it were a pre-poll Aghadi or Front. The interpretation of the phase