Case Note & Summary
The petitioners, ten councilors of the Municipal Council, Saoner, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 28.10.2013 passed by the Regional Director, Municipal Administration, Nagpur Division (respondent no.1) in Appeal No.2/201213, which disqualified them under Sections 3(1)(a) and 3(1)(b) of the Maharashtra Local Authorities Members' Disqualification Act, 1986. The disqualification was based on allegations that the petitioners voluntarily gave up membership of their political party and voted against the party whip in a no-confidence motion against the party's candidate for President of the Municipal Council. The petitioners argued that they had not voluntarily given up membership and that the whip was not validly issued. The court, after hearing submissions, found that the petitioners had indeed joined another party and voted against the party whip, which clearly amounted to defection. The court held that the Regional Director's order was based on evidence and was not perverse or illegal. Consequently, the court dismissed the writ petition, upholding the disqualification of the petitioners.
Headnote
A) Disqualification - Defection - Voluntary giving up membership - Section 3(1)(a) Maharashtra Local Authorities Members' Disqualification Act, 1986 - The petitioners, councilors of Municipal Council, Saoner, were alleged to have voluntarily given up membership of their political party by joining another party and voting against the party whip. The court held that the act of joining another party and voting against the whip amounts to voluntarily giving up membership, attracting disqualification under Section 3(1)(a). (Paras 3-5) B) Disqualification - Defection - Voting against party whip - Section 3(1)(b) Maharashtra Local Authorities Members' Disqualification Act, 1986 - The petitioners voted in favour of a no-confidence motion against the party's own candidate for President, contrary to the whip issued by the party. The court held that such voting constitutes defection under Section 3(1)(b), as it violates the party's directive. (Paras 3-5) C) Disqualification - Defection - Appeal - Regional Director's order - The Regional Director, Municipal Administration, Nagpur Division, in Appeal No.2/201213, disqualified the petitioners. The court upheld the order, finding no perversity or illegality, and dismissed the writ petition. (Paras 1-6)
Issue of Consideration
Whether the petitioners, as councilors of Municipal Council, Saoner, incurred disqualification under Sections 3(1)(a) and 3(1)(b) of the Maharashtra Local Authorities Members' Disqualification Act, 1986 for voluntarily giving up membership of their political party and voting against the party whip.
Final Decision
The writ petition is dismissed. The order dated 28.10.2013 passed by respondent no.1 in Appeal No.2/201213 is upheld. The petitioners stand disqualified under Sections 3(1)(a) and 3(1)(b) of the Maharashtra Local Authorities Members' Disqualification Act, 1986.
Law Points
- Disqualification for defection
- Voluntary giving up membership
- Voting against party whip
- Maharashtra Local Authorities Members' Disqualification Act
- 1986
- Sections 3(1)(a) and 3(1)(b)
