Case Note & Summary
The petitioners, Tukaram Ganpat Kale and another, were elected as members of Panchayat Samiti, Indapur on 23 February 2007. Respondent No.1, Ankush Kondiba Jadhav, claimed to be elected as party leader in a meeting on 12 March 2007 and authorized to issue whips. In the election for Chairman and Vice Chairman of the Panchayat Samiti held on 27 November 2009, petitioner No.1 filed his nomination for Chairman, while respondent No.1 also contested. Respondent No.1 issued a whip directing members to vote for him. However, petitioner No.1 voted for himself and was elected Chairman by 8:6 votes, with Kantilal Borade elected Vice Chairman. Respondent No.1 filed a reference petition before the Collector, Pune, seeking disqualification of the petitioners under Section 3(1)(b) of the Maharashtra Local Authority (Members Disqualification) Act, 1986. The Collector, by order dated 2 June 2011, declared the petitioners disqualified. The petitioners challenged this order by way of writ petition under Articles 226 and 227 of the Constitution of India. The court examined whether the whip was validly issued and whether the petitioners' non-compliance attracted disqualification. The court held that the party leader had authority to issue the whip, and the petitioners' act of voting against the party candidate constituted defection. The petition was dismissed, upholding the Collector's order.
Headnote
A) Disqualification - Anti-Defection - Whip - Section 3(1)(b) Maharashtra Local Authority (Members Disqualification) Act, 1986 - Petitioners, members of Panchayat Samiti, voted against party candidate in Chairman election despite whip issued by respondent No.1 as party leader - Collector disqualified them - Held that the whip was validly issued and petitioners' defiance attracted disqualification (Paras 1-10).
Issue of Consideration
Whether the petitioners incurred disqualification under Section 3(1)(b) of the Maharashtra Local Authority (Members Disqualification) Act, 1986 for not complying with the whip issued by the party leader in the election of Chairman of Panchayat Samiti.
Final Decision
The High Court dismissed the writ petition, upholding the Collector's order disqualifying the petitioners under Section 3(1)(b) of the Maharashtra Local Authority (Members Disqualification) Act, 1986.
Law Points
- Disqualification under anti-defection law
- Validity of whip issued by party leader
- Interpretation of Section 3(1)(b) of Maharashtra Local Authority (Members Disqualification) Act
- 1986
- Role of Collector as designated authority
Case Details
2011 LawText (BOM) (07) 145
WRIT PETITION NO.4189 OF 2011
Mr. P.K. Dhakephalkar, Senior Advocate with S.S. Patwardhan for petitioner; Mr. A.Y. Sakhare, Senior Advocate with S.P. Kadam for respondent Nos.1 and 2; Mr. S.D. Rayrikar, AGP for respondent No.3
Tukaram Ganpat Kale & Anr.
Ankush Kondiba Jadhav & Ors.
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Nature of Litigation
Writ petition challenging order of Collector disqualifying petitioners as members of Panchayat Samiti under anti-defection law.
Remedy Sought
Petitioners sought quashing of Collector's order dated 2 June 2011 declaring them disqualified.
Filing Reason
Petitioners were disqualified for not complying with whip issued by respondent No.1 in election of Chairman of Panchayat Samiti.
Previous Decisions
Collector, Pune passed order dated 2 June 2011 disqualifying petitioners under Section 3(1)(b) of the Act.
Issues
Whether the whip issued by respondent No.1 was valid and binding on the petitioners.
Whether the petitioners' act of voting against the party candidate attracted disqualification under Section 3(1)(b) of the Act.
Submissions/Arguments
Petitioners argued that the whip was not validly issued as respondent No.1 was not properly elected as party leader.
Respondent No.1 contended that he was elected party leader and issued a valid whip, and petitioners' defiance warranted disqualification.
Ratio Decidendi
A member of a local authority who votes contrary to a valid whip issued by the party leader incurs disqualification under Section 3(1)(b) of the Maharashtra Local Authority (Members Disqualification) Act, 1986. The Collector, as designated authority, has jurisdiction to decide such disqualification.
Judgment Excerpts
By this petition under Articles 226 and 227 of the Constitution of India, the petitioners challenge an order dated 2nd June 2011 of the Collector, Pune by which it has been declared that each of the petitioner stands disqualified as Member of Panchayat Samiti, Indapur under section 3(1)(b) of the Maharashtra Local Authority (Members Disqualification) Act, 1986.
Procedural History
Respondent No.1 filed Reference Petition No.52 of 2009 before Collector, Pune seeking disqualification of petitioners. Collector passed order on 2 June 2011 disqualifying petitioners. Petitioners filed Writ Petition No.4189 of 2011 before Bombay High Court challenging the order.
Acts & Sections
- Maharashtra Local Authority (Members Disqualification) Act, 1986: Section 3(1)(b)
- Maharashtra Local Authority (Members Disqualification) Rules, 1987:
- Maharashtra Zilla Parishad and Panchayat Samiti's Act, 1961:
- Constitution of India: Articles 226, 227
