Nominated councillors are subject to the same disqualifications as elected councillors under the Maharashtra Municipal Corporation Act, 1949.

ORDER

1. Every person, whose name is included in the ‘list of contesting candidates’, including the single valid candidate on any particular seat, shall have to submit the account of election expenses om the time and manner as specified by the Commission. However, candidates who have withdrawn their nominations will not be required to submit the account of elections expenses.

2. Contesting candidates shall have to submit the following documents :

(a) From the date of nomination, daily account of election expenses to the Returning OfÏcer on every next day before 2 p.m. till the publication of the results in the ofÏcial gazette; and (b) Total account of election expenses within 30 days from declaration of result and AfÏdavit regarding submission of true election expenses within 30 days from declaration of result, to Collector/Municipal Commissioner or to an OfÏcer authorized by them not less than the rank of Tahsildar/Assistant Municipal Commissioner and to take acknowledgment for the same.

20. It would appear that in view of the said order, the candidates who have withdrawn their nominations are not required to submit the account of election expenses. The orders of the Election Commission issued in exercise of powers conferred by Articles 243-K and 243-ZA of the Constitution has the force of law. The nominated candidates are not required to under go the process of election and they are only nominated. In view of that, they are not required to submit the election expenses. So the question of disqualification U/Sec. 10(1E) and 49 of the Act 1949 would not arise. Had the nominated councillor required to under go the process of election as was provided in the erstwhile 1995 Rules, then the disqualification U/Sec. 10(1E) of the Act 1949 would have been attracted. But the said position is not countenanced under 2012 Rules. The disqualification attributable to a member of a local body for failing to lodge election expenses within the time and manner as specified by State Election Commission is applicable only to such member, who “had been a contesting candidate, but no one else”. If the member of a local body, councillor of municipal corporation is not chosen vide an election of whatsoever nature, such member shall not be susceptible to the disqualification on the ground of non submission of election expenses. However, if the person nominated as a Councillor had earlier contested election and had failed to submit the election expenses as may be required under law and was disqualified by any order, then, in that case, he will be disqualified to be nominated as Councillor. The issue No. (a) is answered accordingly.

21. Having answered the questions referred to above, the matter shall go back to the respective bench for decision on other questions.