Case Note & Summary
The petitioner, Madan s/o Babanrao Zade, filed a writ petition challenging an order dated 24.4.1998 passed by the Respondent No. 1 (Hon'ble Minister of State) under Section 55-B of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965. The petitioner contended that the impugned order was interim in nature and the final declaration of disqualification could not have been given at the interlocutory stage before passing the final order. Additionally, the order lacked reasons for holding that the petitioner incurred disqualification, making it unsustainable. The petitioner also pointed out that the period of disqualification of 6 years had already expired in April 2004. The learned AGP for the State did not dispute that the order was interim but submitted that the final order could not be passed due to an interim order of the High Court. The court, after hearing the parties, held that the impugned order was not sustainable as it was an interim order of disqualification passed before the final determination, and it lacked reasons. The court quashed and set aside the impugned order dated 24.4.1998 and disposed of the writ petition.
Headnote
A) Municipal Law - Disqualification of Councillor - Section 55-B of Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 - Interim Order - The State Government passed an interim order disqualifying the petitioner for 6 years under Section 55-B before passing the final order. The court held that the final declaration of disqualification could not have been given at the interlocutory stage, and the interim order was not sustainable. (Paras 2-4) B) Administrative Law - Speaking Order - Requirement of Reasons - Section 55-B of Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 - The impugned order did not contain any reasons for holding that the petitioner incurred disqualification. The court held that in absence of reasons, the order cannot be sustained in law. (Para 2) C) Municipal Law - Disqualification - Period of Disqualification - Section 55-B of Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 - The petitioner was disqualified for 6 years by the impugned order dated 24.6.1998, which period expired in April 2004. The court noted that the period of disqualification was over. (Para 2)
Issue of Consideration
Whether an interim order of disqualification under Section 55-B of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 can be passed before the final declaration of disqualification, and whether such order is sustainable without recording reasons.
Final Decision
The impugned order dated 24.4.1998 is quashed and set aside. The writ petition is disposed of.
Law Points
- Interim order of disqualification cannot be passed before final determination
- Reasons must be recorded for disqualification order
- Period of disqualification must be specified
