Case Note & Summary
The petitioner, Nitin Dyanand Kadav, a member of the Bharatiya Janata Party (BJP) and Group Leader of BJP in Zilla Parishad, Bhandara, filed a petition before the Collector, Bhandara, on 5-6-2009, alleging that the respondent No.1, Rajesh Pandhari Bante, a member of Zilla Parishad, had voluntarily given up his membership of the BJP after being elected on its ticket, thereby incurring disqualification under Section 3(1)(a) of the Maharashtra Local Authority Members Disqualification Act, 1986. The Collector, by order dated 5-6-2009, refused to entertain the petition, stating that jurisdiction lies with the Divisional Commissioner. The petitioner challenged this order by way of a writ petition before the Bombay High Court, Nagpur Bench. The High Court, after hearing the parties, examined Section 7 of the Act, which provides that the Collector shall decide the question of disqualification of a member of a Zilla Parishad. The Court found that the Collector's refusal was erroneous and that the Collector alone has jurisdiction to decide such matters. The Court allowed the petition, quashed the Collector's order, and directed the Collector to decide the disqualification petition on its merits in accordance with law, after giving an opportunity of hearing to the parties. The Court also directed that the decision be taken within a period of four weeks from the date of receipt of the order.
Headnote
A) Local Government - Disqualification of Members - Jurisdiction of Collector - Section 7 of Maharashtra Local Authority Members Disqualification Act, 1986 - The petitioner filed a petition before the Collector alleging that the respondent No.1 had voluntarily given up membership of his political party, thereby incurring disqualification under Section 3(1)(a) of the Act. The Collector refused to entertain the petition, stating that jurisdiction lies with the Divisional Commissioner. The High Court held that under Section 7 of the Act, the Collector alone has jurisdiction to decide the disqualification of a member of Zilla Parishad. The Court directed the Collector to decide the disqualification petition on merits in accordance with law. (Paras 1-7)
Issue of Consideration
Whether the Collector has jurisdiction to decide the disqualification of a member of Zilla Parishad under the Maharashtra Local Authority Members Disqualification Act, 1986, or whether such jurisdiction lies with the Divisional Commissioner.
Final Decision
The High Court allowed the writ petition, quashed the order of the Collector dated 5-6-2009, and directed the Collector to decide the disqualification petition on its merits in accordance with law, after giving an opportunity of hearing to the parties, within a period of four weeks from the date of receipt of the order.
Law Points
- Jurisdiction of Collector to decide disqualification of Zilla Parishad member under Section 7 of Maharashtra Local Authority Members Disqualification Act
- 1986
- Collector's refusal to entertain petition on ground of lack of jurisdiction is erroneous
- Writ of Mandamus to direct Collector to decide disqualification petition on merits.
