Case Note & Summary
The petitioner, Avinash Mardikar, was elected as a councillor of the Amravati Municipal Corporation and appointed as group leader of a coalition (Aghadi) on 17 April 2012. On 6 June 2014, respondent No.3 was appointed as group leader in place of the petitioner. The petitioner challenged this change in Writ Petition No.2772/2014, which was allowed on 27 August 2014, and the petitioner continued as group leader. Meanwhile, on 24 July 2014, the Divisional Commissioner (respondent No.1) passed an order disqualifying the petitioner under Section 3(1)(a) of the Maharashtra Local Authority Members Disqualification Act, 1986 for failing to comply with a whip issued by respondent No.3 to attend a meeting on 10 June 2014. The petitioner filed the present writ petition challenging the disqualification order. The court examined whether the whip was validly issued and whether the petitioner's absence constituted defection. The court noted that the petitioner had not attended the meeting despite the whip and his explanation that he was not bound by the whip because he was the original group leader was not acceptable. The court held that the disqualification order was proper and dismissed the petition.
Headnote
A) Disqualification - Defection - Whip - Section 3(1)(a) of Maharashtra Local Authority Members Disqualification Act, 1986 - The petitioner, a councillor and group leader, was disqualified for failing to attend a meeting despite a whip issued by the newly appointed group leader. The court held that the whip was validly issued and the petitioner's absence amounted to defection. The disqualification order was upheld as the petitioner did not comply with the whip and the explanation was unsatisfactory. (Paras 1-17)
Issue of Consideration
Whether the petitioner, who was a councillor and group leader, incurred disqualification under Section 3(1)(a) of the Maharashtra Local Authority Members Disqualification Act, 1986 for failing to comply with a whip issued by the group leader to attend a meeting.
Final Decision
The writ petition was dismissed. The order of disqualification passed by the Divisional Commissioner was upheld.
Law Points
- Disqualification for defection
- Whip
- Group leader
- Maharashtra Local Authority Members Disqualification Act
- 1986
- Section 3(1)(a)
- Articles 226 and 227 of Constitution of India
Case Details
2015 LawText (BOM) (02) 135
WRIT PETITION NO.3901 OF 2014
Shri M. G. Bhangde, Senior Advocate with Shri S. Tapadia Advocate for the petitioner; Shri K. L. Dharmadhikari, AGP for respondent No.1; Shri J. B. Kasat, Advocate for the respondent No.2; Shri S. M. Vaishnav, Advocate for respondent No.3
Avinash s/o Gulabrao Mardikar
The Divisional Commissioner, Amravati Division, Amravati; Mr. Dattatraya s/o Raibhanji Bansod, Divisional Commissioner, Amravati Division, Amravati; Amravati Municipal Corporation, Amravati through Municipal Commissioner; Shri Sunil Haribhau Kale
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Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution of India challenging an order of disqualification passed by the Divisional Commissioner under the Maharashtra Local Authority Members Disqualification Act, 1986.
Remedy Sought
The petitioner sought quashing of the order dated 24 July 2014 declaring him disqualified as a councillor.
Filing Reason
The petitioner was disqualified under Section 3(1)(a) of the Maharashtra Local Authority Members Disqualification Act, 1986 for allegedly failing to comply with a whip issued by the newly appointed group leader to attend a meeting.
Previous Decisions
The petitioner had earlier challenged the appointment of respondent No.3 as group leader in Writ Petition No.2772/2014, which was allowed on 27 August 2014, and the petitioner continued as group leader. The disqualification order was passed on 24 July 2014, prior to the decision in the earlier writ petition.
Issues
Whether the whip issued by respondent No.3 was valid and binding on the petitioner.
Whether the petitioner's failure to attend the meeting despite the whip amounted to defection under Section 3(1)(a) of the Maharashtra Local Authority Members Disqualification Act, 1986.
Submissions/Arguments
The petitioner argued that he was the original group leader and was not bound by the whip issued by respondent No.3, who had been illegally appointed as group leader.
The respondents contended that the whip was validly issued and the petitioner's absence without valid reason constituted defection.
Ratio Decidendi
A whip issued by a group leader, even if the appointment of that group leader is subsequently challenged, is binding on members of the group. Failure to comply with such a whip without a valid explanation amounts to defection under Section 3(1)(a) of the Maharashtra Local Authority Members Disqualification Act, 1986.
Judgment Excerpts
This writ petition filed under Articles 226 and 227 of the Constitution of India takes exception to the order dated 2472014 passed by the respondent No.1 declaring the petitioner to be disqualified from continuing as a Councillor of Amravati Municipal Corporation under provisions of Section 3(1)(a) of the Maharashtra Local Authority Members Disqualification Act, 1986.
Procedural History
The petitioner was elected as a councillor and appointed group leader on 17 April 2012. On 6 June 2014, respondent No.3 was appointed as group leader. The petitioner challenged this in Writ Petition No.2772/2014, which was allowed on 27 August 2014. Meanwhile, on 24 July 2014, the Divisional Commissioner disqualified the petitioner under Section 3(1)(a) of the Act. The petitioner filed the present writ petition on 26 February 2015.
Acts & Sections
- Maharashtra Local Authority Members Disqualification Act, 1986: Section 3(1)(a)
- Constitution of India: Articles 226, 227
