Case Note & Summary
The petitioners, elected members of Zilla Parishad, Dhule, challenged an order dated 27 May 2009 passed by the Collector, Dhule, which turned down their preliminary objections against references filed by respondent No.1 under Section 7 of the Maharashtra Local Authority Members' Disqualification Act, 1986. Respondent No.1 alleged that the petitioners had violated a party whip by voting against the party candidate in the election of President and Vice President, thereby incurring disqualification. The petitioners raised preliminary objections that the references did not comply with Rule 6 of the Disqualification Rules and were not verified as per Order VI Rule 15 of the Code of Civil Procedure, 1908. The Collector overruled these objections. The High Court, in a common judgment, dismissed all five writ petitions. The court held that the objections were technical in nature and did not go to the root of the matter. Regarding Rule 6, the court noted that the annexures were part of the references and there was substantial compliance. As for verification, the court observed that the requirement under Order VI Rule 15 CPC is directory and not mandatory; the references were not void for want of proper verification. The court upheld the Collector's order and directed that the references proceed on merits.
Headnote
A) Local Government - Disqualification of Members - Preliminary Objections - Maharashtra Local Authority Members' Disqualification Act, 1986, Section 7, Rule 6 - The court considered whether references under Section 7 must strictly comply with Rule 6 regarding annexures and verification under Order VI Rule 15 CPC. Held that the objections were technical and did not warrant dismissal of the references, as the Collector had correctly overruled them. (Paras 1-4)
B) Civil Procedure - Verification of Pleadings - Order VI Rule 15 CPC - The court examined whether the references were invalid for lack of proper verification. Held that the verification requirement is directory and substantial compliance is sufficient; the references were not rendered void. (Paras 3-4)
Issue of Consideration
Whether the references filed under Section 7 of the Maharashtra Local Authority Members' Disqualification Act, 1986 are liable to be dismissed for non-compliance with Rule 6 of the Disqualification Rules and for lack of proper verification under Order VI Rule 15 CPC.
Final Decision
The High Court dismissed all five writ petitions, upholding the Collector's order dated 27 May 2009. The court held that the preliminary objections were technical and did not warrant dismissal of the references. The references were directed to proceed on merits.
Law Points
- Disqualification Act
- Rule 6
- Order VI Rule 15 CPC
- verification
- preliminary objections
- technicalities
- substantial compliance
Case Details
2010 LawText (BOM) (04) 18
Writ Petition No.3875 of 2009, Writ Petition No.3876 of 2009, Writ Petition No.3877 of 2009, Writ Petition No.3878 of 2009, Writ Petition No.3879 of 2009
Shri V.J.Dixit, Senior Counsel holding for Mr.P.D.Bachate for petitioner; Shri P.M.Shah, Senior Counsel holding for Mr.S.P.Shah for Respondent No.1; Mr.V.B.Ghatge, A.G.P. for Respondent No.2
Jitendra Himmat Biraris, Bhiwaji Bhatu Pawar, Kedabai Shantaram Jadhav, Mrs.Soni Bharat Pawra, Mrs.Rajnibai Baburao Gharte
Kiran s/o Gulabrao Patil, The District Collector, Dhule
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Nature of Litigation
Writ petitions challenging the Collector's order overruling preliminary objections against references under Section 7 of the Disqualification Act.
Remedy Sought
Petitioners sought quashing of the Collector's order dated 27 May 2009 and dismissal of the references.
Filing Reason
Petitioners alleged that the references did not comply with Rule 6 of the Disqualification Rules and were not properly verified under Order VI Rule 15 CPC.
Previous Decisions
The Collector, Dhule, by order dated 27 May 2009, overruled the preliminary objections raised by the petitioners.
Issues
Whether the references under Section 7 of the Disqualification Act are invalid for non-compliance with Rule 6 of the Disqualification Rules?
Whether the references are invalid for lack of proper verification under Order VI Rule 15 CPC?
Submissions/Arguments
Petitioners argued that the references did not comply with Rule 6 as annexures were not properly attached and the references were not verified as per Order VI Rule 15 CPC.
Respondent No.1 contended that the objections were technical and the references were in substantial compliance with the rules.
Ratio Decidendi
The requirements of Rule 6 of the Disqualification Rules and verification under Order VI Rule 15 CPC are directory and not mandatory; substantial compliance is sufficient. Preliminary objections based on technical non-compliance do not justify dismissal of disqualification references.
Judgment Excerpts
Petitioners, in these petitions, are challenging the order passed by Collector, Dhule dated 27th May 2009, thereby turning down objections raised in the References presented by Respondent No.1 to the Collector under Section 7 of Maharashtra Local Authority Members’ Disqualification Act, 1986.
The objections raised are set out as below: (a) The References do not comply with the requirement of Rule 6 of Disqualification Rules; (b) The References have not been verified in the manner prescribed by Order VI Rule 15 of the Code of Civil Procedure; (c) The annexures annexed to the Refere...
Procedural History
Respondent No.1 filed references under Section 7 of the Disqualification Act before the Collector, Dhule, seeking disqualification of the petitioners. Petitioners raised preliminary objections. The Collector overruled those objections by order dated 27 May 2009. Petitioners challenged that order by filing five writ petitions before the High Court. The High Court heard all petitions together and dismissed them by a common judgment dated 15 April 2010.
Acts & Sections
- Maharashtra Local Authority Members' Disqualification Act, 1986: Section 7
- Code of Civil Procedure, 1908: Order VI Rule 15
