Case Note & Summary
The judgment concerns two writ petitions filed by elected councillors of the Municipal Council, Loha, District Nanded, challenging their disqualification by the District Collector under Section 3(1) of the Maharashtra Local Authorities Members' Disqualification Act, 1986. The petitioners were elected as councillors on the ticket of a political party but later joined another party. Respondent No.3, Gajanan Subhashrao Suryawanshi, filed a disqualification petition before the Collector, who after hearing the parties, disqualified the petitioners for the remainder of their term on 18.02.2012. The petitioners argued that they had not voluntarily given up membership of their original party and that the Collector's order was arbitrary. The court, after hearing counsel, held that the act of joining another party clearly indicates voluntarily giving up membership of the original party. The burden of proof shifted to the petitioners to show otherwise, which they failed to discharge. The Collector's order was found to be reasoned and within jurisdiction. The court dismissed both writ petitions, upholding the disqualification.
Headnote
A) Disqualification - Defection - Voluntarily giving up membership - Section 3(1) of Maharashtra Local Authorities Members' Disqualification Act, 1986 - Petitioners, elected as councillors on a party ticket, joined another party after election - Collector disqualified them for remainder term - Held that joining another party amounts to voluntarily giving up membership of original party - Disqualification order upheld (Paras 2-8).
B) Disqualification - Defection - Burden of proof - Section 3(1) of Maharashtra Local Authorities Members' Disqualification Act, 1986 - Once it is shown that a councillor has joined another party, the burden shifts to the councillor to prove that he did not voluntarily give up membership - Petitioners failed to discharge burden - Held that disqualification is justified (Paras 5-8).
C) Disqualification - Defection - Collector's order - Quasi-judicial - Section 3(1) of Maharashtra Local Authorities Members' Disqualification Act, 1986 - Collector acted within jurisdiction and passed reasoned order - No procedural irregularity - Held that writ petition lacks merit (Paras 6-8).
Issue of Consideration
Whether the petitioners, elected councillors of Municipal Council, Loha, were rightly disqualified under Section 3(1) of the Maharashtra Local Authorities Members' Disqualification Act, 1986 for voluntarily giving up membership of their political party by joining another party after election.
Final Decision
Both writ petitions are dismissed. The disqualification order dated 18.02.2012 passed by the Collector, Nanded, is upheld. Rule discharged. No order as to costs.
Law Points
- Disqualification for defection
- voluntarily giving up membership of political party
- Maharashtra Local Authorities Members' Disqualification Act
- 1986
- Section 3(1)
- interpretation of 'voluntarily giving up membership'
- burden of proof on petitioner to show no defection
- disqualification order by Collector is quasi-judicial
- writ petition maintainable but limited scope.
Case Details
2012 LawText (BOM) (05) 5
Writ Petition No.1875 of 2012 and Writ Petition No.1993 of 2012
Mr.V.D.Hon, Mr.R.P.Bhumkar, Mr.M.V.Deshpande, Mr.R.N.Dhorde, Mr.A.M.Gaikwad, Mr.G.R.Ingole, Mr.P.M.Shah, Mr.V.R.Bhumkar
Kiran s/o Narhari Wattamwar and Smt.Shobhabai Govindrao Bagade (in WP 1875/2012); Sharad s/o Namdeo Pawar and Chandrakalabai w/o Arun Yelge (in WP 1993/2012)
The Collector, Nanded; The Municipal Council, Loha; Gajanan Subhashrao Suryawanshi; Sharad Namdeo Pawar; Chandrakalabai Arun Yelge (in WP 1875/2012); The Collector, Nanded; The Municipal Council, Loha; Gajanan Subhashrao Suryawanshi; Kiran s/o Narhari Wattamwar; Smt.Shobhabai w/o Govindrao Bagade (in WP 1993/2012)
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Nature of Litigation
Writ petitions challenging disqualification order passed by District Collector under Section 3(1) of Maharashtra Local Authorities Members' Disqualification Act, 1986.
Remedy Sought
Petitioners sought quashing of the disqualification order dated 18.02.2012 passed by the Collector, Nanded.
Filing Reason
Petitioners were disqualified for remainder term as councillors for allegedly voluntarily giving up membership of their political party by joining another party.
Previous Decisions
The District Collector, Nanded, passed the disqualification order on 18.02.2012 in Disqualification Petition No.49/2011.
Issues
Whether the petitioners voluntarily gave up membership of their political party by joining another party after election.
Whether the Collector's order disqualifying the petitioners is sustainable in law.
Submissions/Arguments
Petitioners argued that they had not voluntarily given up membership of their original party and that the Collector's order was arbitrary and without proper inquiry.
Respondent No.3 argued that the petitioners had joined another party, which amounts to voluntarily giving up membership, and the Collector rightly disqualified them.
Ratio Decidendi
Joining another political party after being elected as a councillor on a party ticket amounts to voluntarily giving up membership of the original party under Section 3(1) of the Maharashtra Local Authorities Members' Disqualification Act, 1986. The burden of proof shifts to the councillor to show that he did not voluntarily give up membership, and failure to discharge that burden justifies disqualification.
Judgment Excerpts
Petitioners in both the petitions are elected councillors of Municipal Council, Loha, District Nanded. Petitioners are declared disqualified to continue as Councillors of the Municipal Council for remainder term by the District Collector, Nanded on 18.02.2012 on consideration of Disqualification Petition No.49/2011 presented by Respondent No.3 – Gajanan Subhashrao Suryawanshi under Section 3(1) of the Maharashtra Local Authorities Members' Disqualification Act, 1986.
The act of joining another party clearly indicates that the petitioners have voluntarily given up membership of their original party. The burden of proof shifts to the petitioners to show that they did not voluntarily give up membership, which they have failed to discharge.
Procedural History
Disqualification Petition No.49/2011 was filed by Respondent No.3 before the District Collector, Nanded, under Section 3(1) of the Maharashtra Local Authorities Members' Disqualification Act, 1986. The Collector passed the disqualification order on 18.02.2012. Aggrieved, the petitioners filed Writ Petition No.1875 of 2012 and Writ Petition No.1993 of 2012 before the Bombay High Court, Aurangabad Bench. The court heard the matter on 28.03.2012 and pronounced judgment on 07.05.2012.
Acts & Sections
- Maharashtra Local Authorities Members' Disqualification Act, 1986: Section 3(1)
