Disqualification for defection from political party is limited to current term and cannot exceed beyond the term as per the applicable statute.

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 :-

Reasons for order . 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 that Mr. Bhole and 9 others have publicly decamped on 18.12.2021 i.e. before the expiry of their term as Chairman and Members respectively and they appears to be eligible for disqualification as per Section 3A (2) (Amendment 2016), of the Maharashtra Local Authority Members Disqualification Act, 1986.

. As it becomes clear that Mr.Bhole and 9 others defected during their tenure, so I have come to the conclusion to disqualify them from 18.12.2021 to the next 6 years as per the provisions of the Maharashtra Local Authority Members Disqualification Act, 1986.

8) Considering the above all background, the orders passed by Collector, Jalgaon, available records, the written and oral say submitted by the present concerned members for hearing / statement on dt. 18.10.2022 and the above reasons I am giving the following orders:-

ORDER . The appeal of Shri Raman Bhole and 9 others against the orders of District Collector, Jalgaon dtd. 18.07.2022 is hereby dismissed.

. As Shri Raman Bhole and 9 others defected, they are being disqualified for the period from 18.12.21 to next 6 years.

. The above orders be issued to all the concerned.

7] The petitioners have challenged the aforesaid impugned orders by filing the present Writ Petitions.

8] It is the contention of the petitioners that the Maharashtra Local Authority Members’ Disqualification Act, 1986 is applicable only to the sitting councillor whose term has not expired. The complaint filed after the period of term having expired, is not maintainable. It is further the contention of the petitioners that Section 3A of the Act of 1986 under which the petitioners are held to be disqualified, deals with disqualification for appointment on remunerative political post and the case filed by the complainant is that the petitioners have defected from one party to another and as su