Case Note & Summary
The Petitioner, Mrs. Sulabha Vijay Lokhande, was a Municipal Councillor in Panchgani Municipal Council, elected as an independent candidate in December 2011. She, along with 8 other councillors, formed a post-poll alliance called Panchgani Vikas Aghadi Municipal Party Panchgani (PVAMPP) and submitted Form III under the Maharashtra Local Authority Members Disqualification Rules, 1987. The Respondent No.3, Laxmi Rajendra Karhadkar, was elected as the party leader. In May 2013, elections for the post of Vice-President were held. The party leader issued a whip directing all PVAMPP members to vote for Laxman Maruti Parte. The Petitioner allegedly avoided accepting the whip by switching off her mobile phone and later voted for the opposition candidate. The Respondent No.3 filed a disqualification application before the Collector, Satara, who, after an inquiry, disqualified the Petitioner under the Maharashtra Local Authority Members Disqualification Act, 1986. The Petitioner challenged this order in the High Court. The Court examined the evidence, including the whip, the Petitioner's conduct, and the voting record. It held that the Petitioner had defied the whip and that the Collector's order was justified. The Court dismissed the petition, upholding the disqualification.
Headnote
A) Disqualification - Defiance of Whip - Maharashtra Local Authority Members Disqualification Act, 1986 - Sections 3(1)(b) - The Petitioner, a member of a post-poll alliance (PVAMPP), was issued a whip by the party leader to vote for a specific candidate for Vice-President. The Petitioner avoided accepting the whip and voted for the opposition candidate. The Collector disqualified the Petitioner under the Act. The High Court upheld the disqualification, holding that the Petitioner's conduct constituted defiance of the whip, and the Collector's order was based on proper appreciation of evidence. (Paras 1-45)
Issue of Consideration
Whether the Petitioner, a Municipal Councillor, is liable to be disqualified under the Maharashtra Local Authority Members Disqualification Act, 1986 for defying the whip issued by the party leader of the post-poll alliance (PVAMPP) and voting for the opposition candidate in the election for Vice-President.
Final Decision
The High Court dismissed the Writ Petition, upholding the Collector's order dated 19/06/2014 disqualifying the Petitioner under the Maharashtra Local Authority Members Disqualification Act, 1986.
Law Points
- Disqualification under Maharashtra Local Authority Members Disqualification Act
- 1986
- Whip issued by party leader
- Defiance of whip
- Voting against party direction
- Post-poll alliance
- Municipal Councillor
- Collector's powers
Case Details
2014 LawText (BOM) (07) 60
Writ Petition No.17343 of 2014
Mr. A Y Sakhare, Senior Advocate with Mr. Vijay Patil with Mr. Siddharth R Karpe for the Petitioner; Ms. M S Bane, AGP for Respondent Nos.1 and 2; Mr. A V Anturkar, Senior Advocate with Ms. Kalyani Tulankar for Respondent No.3
Mrs. Sulabha Vijay Lokhande
State of Maharashtra, District Collector Satara, Laxmi Rajendra Karhadkar
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Nature of Litigation
Writ Petition challenging the order of the Collector disqualifying the Petitioner as a Municipal Councillor under the Maharashtra Local Authority Members Disqualification Act, 1986.
Remedy Sought
The Petitioner sought quashing of the Collector's order dated 19/06/2014 and restoration of her position as Municipal Councillor.
Filing Reason
The Petitioner was disqualified by the Collector for allegedly defying a whip issued by the party leader of the post-poll alliance (PVAMPP) during the election for Vice-President of the Municipal Council.
Previous Decisions
Earlier Writ Petitions (No.1655 of 2014 and 2751 of 2014) were filed, and the Court had framed issues for the Collector to decide. The Collector answered those issues and allowed the disqualification application (Exhibit 26) filed by Respondent No.3.
Issues
Whether the Petitioner defied the whip issued by the party leader of PVAMPP?
Whether the Collector's order disqualifying the Petitioner under the Maharashtra Local Authority Members Disqualification Act, 1986 is valid?
Submissions/Arguments
Petitioner argued that she did not receive the whip and that the Collector's order was based on insufficient evidence.
Respondent No.3 argued that the Petitioner deliberately avoided accepting the whip and voted against the party direction, warranting disqualification.
Ratio Decidendi
A Municipal Councillor who is a member of a political party (including a post-poll alliance) is bound by the whip issued by the party leader. Defiance of such whip by voting against the party direction constitutes disqualification under Section 3(1)(b) of the Maharashtra Local Authority Members Disqualification Act, 1986. The Collector's finding of defiance based on evidence of avoidance and actual voting is sustainable.
Judgment Excerpts
The parties are before this Court in view of the unseating of the Petitioner as a Municipal Councillor under the Maharashtra Local Authority Members Disqualification Act, 1986.
The challenge raised in the above Petition is to the order dated 19/06/2014 passed by the Collector, Satara...
Procedural History
Elections to Panchgani Municipal Council held in December 2011. Petitioner and 8 others formed post-poll alliance PVAMPP. On 22/5/2013, election for Vice-President held; whip issued by party leader to vote for Laxman Maruti Parte. Petitioner allegedly defied whip and voted for opposition. Respondent No.3 filed disqualification application before Collector. Collector passed order on 19/06/2014 disqualifying Petitioner. Petitioner filed Writ Petition No.17343 of 2014 challenging the order. Earlier Writ Petitions (1655/2014 and 2751/2014) had framed issues for Collector. High Court heard and dismissed the petition on 18/07/2014.
Acts & Sections
- Maharashtra Local Authority Members Disqualification Act, 1986: Section 3(1)(b)
- Maharashtra Local Authority Members Disqualification Rules, 1987: Rule 4
- Maharashtra Municipal Council Nagar Panchayat and Industrial Township Act, 1965: Section 63(2B)
