Case Note & Summary
The case involves a reference made by a learned Single Judge of the Bombay High Court to a Division Bench to resolve a conflict regarding the applicability of disqualification under Section 10(1E) of the Maharashtra Municipal Corporation Act, 1949 to nominated councillors. The petitioner, Sonal Dilip Shinde, was a nominated councillor who was disqualified by the Additional Divisional Commissioner under Section 10(1E) for failing to submit election expenses. The Single Judge, noting a previous judgment in Pradeep S/o Walchand Raka v. Bhiwandi Nizampur Municipal Corporation (Writ Petition No. 2030 of 2015) which held that a nominated councillor cannot incur disqualification for having more than two children, was of the view that the same principle should apply to disqualification under Section 10(1E). However, the Single Judge referred the matter to a Division Bench for an authoritative ruling. The Division Bench framed two issues: (a) whether a nominated councillor incurs disqualification under Section 10(1E) for having entered the election fray and failed to submit election expenses, and (b) whether such disqualification can unseat a nominated councillor. The court analyzed the provisions of the Act, noting that Section 10(1E) applies to a person who has entered the election fray and failed to submit accounts. Since a nominated councillor is not elected but nominated, they do not enter the election fray. Therefore, the disqualification under Section 10(1E) does not apply to nominated councillors. The court answered the reference accordingly, holding that a nominated councillor cannot be disqualified under Section 10(1E) for failure to submit election expenses.
Headnote
A) Municipal Law - Disqualification of Nominated Councillor - Section 10(1E) read with Section 2(11) of Maharashtra Municipal Corporation Act, 1949 - The issue was whether a nominated councillor can be disqualified under Section 10(1E) for failure to submit election expenses. The Division Bench held that a nominated councillor does not contest an election and therefore cannot be subjected to disqualification under Section 10(1E), which applies only to elected councillors. The reference was answered accordingly. (Paras 1-2)
Issue of Consideration
Whether a nominated councillor under Section 2(11) of the Maharashtra Municipal Corporation Act, 1949 incurs disqualification under Section 10(1E) for having entered the election fray and failed to submit accounts of election expenses, and whether such disqualification can unseat a nominated councillor.
Final Decision
The Division Bench answered the reference by holding that a nominated councillor does not incur disqualification under Section 10(1E) of the Maharashtra Municipal Corporation Act, 1949 for failure to submit election expenses, as the provision applies only to elected councillors who have entered the election fray.
Law Points
- Nominated councillor not subject to disqualification under Section 10(1E) of Maharashtra Municipal Corporation Act
- 1949 for failure to submit election expenses
- as nominated councillor does not contest election and provisions apply only to elected councillors.
