Case Note & Summary
The case arose from the election of the President of Ausa Municipal Council after the post fell vacant due to the resignation of the sitting President. The petitioners and respondent Nos. 2 and 3 were elected as councillors on 31-12-2011 from the Nationalist Congress Party (NCP). Respondent No. 2 was claimed to have been elected as the Group Leader (Gat Neta) of the NCP in the Council. A directive (whip) was issued by Shivajirao Garje, State General Secretary of NCP, directing all NCP councillors to vote for respondent No. 2 in the President election scheduled on 07-05-2013. The petitioners allegedly voted in violation of this whip, leading respondent No. 2 to file a disqualification application under Section 3(1)(b) of the Maharashtra Local Authority Members' Disqualification Act, 1986 before the Collector, Latur. The petitioners denied the authenticity of documents, contended that Garje lacked authority to issue the whip, and requested hand writing expert examination of disputed documents, which was rejected. Their earlier writ petition (No. 1451 of 2014) challenging the rejection of expert examination was dismissed by the High Court, and their SLP was also dismissed. The Collector, by order dated 29-11-2014, disqualified the petitioners from continuing as councillors. The petitioners then filed the present writ petition challenging the Collector's order. The petitioners argued that under the Act, only a local party leader (Gat Neta) could issue a whip, and Garje, as State General Secretary, had no such authority; they also relied on the definition of 'leader' under the Act and Rules, and cited judgments. The respondent No. 2 contended that he was duly elected as Gat Neta, the petitioners were aware and had signed communications acknowledging the same, and the whip was validly issued and communicated. The Court heard the matter and reserved judgment on 04-03-2015, and pronounced it on 08-04-2015. The full text of the judgment beyond the summary of arguments is not available in the provided extract.
Issue of Consideration
Whether the order of disqualification dated 29-11-2014 passed by the Collector, Latur under Section 3(1)(b) of the Maharashtra Local Authority Members' Disqualification Act, 1986 was valid in law?
Case Details
2015 LawText (BOM) (04) 11
WRIT PETITION NO. 11341 OF 2014
Mr. V.J. Dixit, Senior Advocate holding for Mr. S.P. Katneshwarkar (for petitioners); Mr. U.H. Bhogle, AGP for respondent No. 1; Mr. R.N. Dhorde, Senior Advocate holding for Mr. P.S. Dighe (for respondent No. 2)
Akramkhan s/o Gulam Kadar Khan Pathan and Rashidabee w/o Mukhtar Tamboli
The Collector, Latur; Dr. Afsar Nawabobdin Shaikh; Suryya w/o Mukhtar Kureshi
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Nature of Litigation
Challenge to disqualification of councillors under Maharashtra Local Authority Members' Disqualification Act, 1986
Remedy Sought
Quashing and setting aside of the order dated 29-11-2014 passed by the Collector, Latur disqualifying the petitioners, and allowing them to continue as councillors of Ausa Municipal Council
Filing Reason
The Collector, Latur allowed the disqualification application filed by respondent No. 2 under Section 3(1)(b) of the Maharashtra Local Authority Members' Disqualification Act, 1986 and disqualified the petitioners for allegedly violating the party whip in the election of the President of Ausa Municipal Council
Previous Decisions
Writ Petition No. 1451 of 2014 filed by the petitioners seeking direction to refer documents to handwriting expert was dismissed by the High Court on 21-08-2014; the Special Leave Petition against that order was also dismissed by the Supreme Court
Issues
Whether the Collector's order disqualifying the petitioners under Section 3(1)(b) of the Maharashtra Local Authority Members' Disqualification Act, 1986 was valid in law?
Whether the whip/directive issued by Shivajirao Garje, State General Secretary of NCP, was competent under the provisions of the Act and Rules?
Whether the documents relied upon to prove election of Gat Neta and service of whip were authentic?
Submissions/Arguments
The petitioners argued that the whip was issued by Shivajirao Garje, who as State General Secretary, was not the local party leader (Gat Neta) and hence not competent to issue a directive under Section 3 of the Act; they denied the authenticity of documents and signatures and claimed that the Collector erroneously concluded that Garje had authority.
The respondent No. 2 contended that he was duly elected as the Municipal party leader (Gat Neta), the petitioners were present and aware, the whip was validly communicated, and the Collector correctly applied the law in disqualifying the petitioners for violating the party directive.
Judgment Excerpts
The petitioners seek to challenge the order dated 29-11-2014 passed by respondent No. 1- District Collector, Latur thereby disqualifying the petitioners on an application filed by respondent No. 2 under Section 3(1)(b) of the Maharashtra Local Authority Members' Disqualification Act, 1986.
Nevertheless, as and when the proceedings are finally concluded and in case the result of the same is adverse to the petitioners, they may raise a comprehensive challenge thereafter.
In the light of the above, no interference is called for at this stage, with the impugned order. The petition being devoid of merits, is, therefore, dismissed.
In my view, the documents statutorily maintained by the Government officials referred to herein above, clearly indicate that the petitioners have recklessly adopted a stand against the record, only to rescue themselves from the clutches of law.
Procedural History
The petitioners and respondent Nos. 2 & 3 were elected as councillors of Ausa Municipal Council on 31-12-2011. Respondent No. 2 claimed to be elected as Gat Neta. A vacancy arose in the post of President of the council, and election was scheduled on 07-05-2013. A whip was issued by State General Secretary Shivajirao Garje directing NCP councillors to vote for respondent No. 2. Respondent No. 2 filed disqualification application before the Collector, Latur under the Maharashtra Local Authority Members' Disqualification Act, 1986, alleging violation of whip. During proceedings, the petitioners sought reference of documents to handwriting expert, which was rejected. They challenged that rejection in Writ Petition No. 1451 of 2014, which was dismissed by the High Court on 21-08-2014; SLP dismissed. The Collector, after hearing, passed order dated 29-11-2014 disqualifying the petitioners. The petitioners then filed the present writ petition challenging that order. The matter was heard and reserved for judgment on 04-03-2015, and pronounced on 08-04-2015.
Acts & Sections
- Maharashtra Local Authority Members' Disqualification Act, 1986: Section 2(i), section 2(ii), section 2(iii), section 2(j), section 3, section 3(1)(b)
- Maharashtra Local Authority Members Disqualification Rules, 1987: Rule 2(b)(b-1)(i), Rule 7(6)(7), Form I, Form II, Form III, Form IV
