Case Note & Summary
The petitioners, Sahebrao Narayan Kharat, Bagwan Tamijabee Shaikh Ahmed, and Shaikh Khurshid Ahemad Gulam Jilani, were elected members of the Municipal Council, Ambad, belonging to the Nationalist Congress Party. In 2009, elections for the remaining term of the President were held, resulting in the election of Mrs. Sulbha Kulkarni (Congress Party) as President and petitioner No. 3 as Vice President. Respondent Nos. 2 and 3, also NCP members, filed a petition under Section 3 of the Maharashtra Local Authority Members Disqualification Act, 1987 read with Rule 6 of the Members Disqualification Rules, alleging that the petitioners voted contrary to a whip issued by the group leader and the District President of the NCP. The Collector, Jalna, acting as the authority under the Act, passed an order disqualifying the petitioners. The petitioners challenged this order in the High Court, arguing that the whip was not issued by the authorized person as per the Act and Rules. The Court examined the provisions of the Disqualification Act and the Rules, noting that Section 3 provides for disqualification for voting against the direction of the political party, but the direction must be issued by the person authorized by the party. The Court found that the District President of the party is not the authorized person under the Act; only the group leader or the party's authorized representative can issue a binding whip. Since the whip in question was issued by the District President, it was invalid. Consequently, the Collector's order based on such whip was unsustainable. The Court allowed the writ petition, quashed the disqualification order, and restored the petitioners' membership. The judgment emphasizes strict compliance with the statutory scheme for disqualification.
Headnote
A) Local Government - Disqualification of Members - Whip Validity - Maharashtra Local Authority Members Disqualification Act, 1987, Sections 3, 4, 5, 6 - The petitioners, members of Municipal Council, were disqualified by the Collector for voting contrary to a whip. The Court held that the whip must be issued by the person authorized under the Act and Rules; the District President of the party is not the authorized person. The disqualification order was quashed as the whip was invalid. (Paras 3-10) B) Local Government - Disqualification of Members - Authority to Issue Whip - Maharashtra Local Authority Members Disqualification Act, 1987, Section 3 read with Members Disqualification Rules, Rule 6 - The Court examined the scheme of the Act and found that only the group leader or the party's authorized representative can issue a whip. The District President's whip was not binding. (Paras 5-8) C) Local Government - Disqualification of Members - Collector's Order - Maharashtra Local Authority Members Disqualification Act, 1987 - The Collector's order disqualifying the petitioners was set aside as it was based on an invalid whip. The Court allowed the writ petition and restored the petitioners' membership. (Paras 9-10)
Issue of Consideration
Whether the disqualification of the petitioners under the Maharashtra Local Authority Members Disqualification Act, 1987 is valid when the whip was not issued by the authorized person as per the Act and Rules.
Final Decision
The Court allowed the writ petition, quashed the order of the Collector dated 06/10/2010 disqualifying the petitioners, and restored their membership as councillors of Municipal Council, Ambad. Rule made absolute.
Law Points
- Whip must be issued by authorized person
- Disqualification requires strict compliance with Act
- Collector's order set aside for lack of authority
