Case Note & Summary
The Petitioner, Mahesh Vishnupant Kothe, was a councilor of the Solapur Municipal Corporation elected in 2012 on an Indian National Congress ticket. He was appointed as house leader of the Congress municipal party. After the elections, a post-poll alliance was formed between Congress and the Nationalist Congress Party. In October 2014, during the Maharashtra Legislative Assembly elections, newspapers reported that the Petitioner had joined the Shiv Sena, a rival party. The Respondent Nos. 1 and 2 filed an application for disqualification under Section 3(1)(a) of the Maharashtra Local Authority Members Disqualification Act, 1986 before the Divisional Commissioner, Pune. The Commissioner allowed the application, declaring the Petitioner disqualified. The Petitioner challenged this order by way of a writ petition before the Bombay High Court. The main legal issue was whether the Petitioner had voluntarily given up membership of the Indian National Congress. The Petitioner argued that the newspaper reports were not reliable and that he had not actually joined the Shiv Sena. The Respondents contended that the reports, along with the Petitioner's failure to deny them, established defection. The High Court analyzed the evidence and held that the newspaper reports, which were not contradicted by the Petitioner, were sufficient to prove that he had voluntarily given up his party membership. The Court noted that the Petitioner did not file any affidavit denying the reports or take any action against the newspapers. Therefore, the Court dismissed the petition and upheld the disqualification order.
Headnote
A) Disqualification - Defection - Voluntarily giving up membership - Section 3(1)(a) of Maharashtra Local Authority Members Disqualification Act, 1986 - The Petitioner, a councilor elected on Indian National Congress ticket, was alleged to have joined Shiv Sena based on newspaper reports - The Divisional Commissioner allowed the disqualification application - The High Court upheld the order, holding that the newspaper reports, coupled with the Petitioner's failure to deny them, constituted sufficient evidence of voluntarily giving up membership - Held that the Petitioner's conduct amounted to defection under the Act (Paras 1-10).
Issue of Consideration
Whether the Petitioner voluntarily gave up membership of the Indian National Congress by joining the Shiv Sena, thereby incurring disqualification under Section 3(1)(a) of the Maharashtra Local Authority Members Disqualification Act, 1986.
Final Decision
The High Court dismissed the writ petition and upheld the order of the Divisional Commissioner disqualifying the Petitioner under Section 3(1)(a) of the Maharashtra Local Authority Members Disqualification Act, 1986.
Law Points
- Disqualification under Section 3(1)(a) of Maharashtra Local Authority Members Disqualification Act
- 1986
- Defection
- Voluntarily giving up membership of political party
- Newspaper reports as evidence of defection
Case Details
2015 LawText (BOM) (04) 29
Writ Petition No.2802 of 2015
Shri P.S. Dani, Senior Advocate i/by Shri Anand S. Kulkarni for Petitioner; Shri P.K. Dhakephalkar, Senior Advocate i/by Shri T.D. Deshmukh, Shri Samrat K. Shinde & Ms. Gauri Raghuwanshi for Respondent Nos.1 & 2; Ms. M.S. Bane, 'B' Panel Counsel for Respondent No.3
Sanjay Channvirappa Hemgaddi, Prakash Balkrushna Yalgulwar, The Divisional Commissioner, Pune Division, Pune, The State of Maharashtra, The State Election Commissioner, Maharashtra State, Mumbai
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petition challenging order of disqualification under the Maharashtra Local Authority Members Disqualification Act, 1986.
Remedy Sought
Petitioner sought quashing of the order dated 02.03.2015 passed by the Divisional Commissioner, Pune, disqualifying him as a councilor.
Filing Reason
Petitioner was disqualified under Section 3(1)(a) of the Maharashtra Local Authority Members Disqualification Act, 1986 for allegedly voluntarily giving up membership of the Indian National Congress by joining the Shiv Sena.
Previous Decisions
The Divisional Commissioner, Pune, allowed the application for disqualification filed by Respondent Nos.1 and 2 and declared the Petitioner disqualified as a councilor of Solapur Municipal Corporation.
Issues
Whether the Petitioner voluntarily gave up membership of the Indian National Congress by joining the Shiv Sena, thereby incurring disqualification under Section 3(1)(a) of the Maharashtra Local Authority Members Disqualification Act, 1986.
Submissions/Arguments
Petitioner argued that newspaper reports were not reliable and that he had not actually joined the Shiv Sena.
Respondents contended that the newspaper reports, coupled with the Petitioner's failure to deny them, established that he had voluntarily given up his party membership.
Ratio Decidendi
Newspaper reports of a councilor joining a rival party, when not denied or contradicted by the councilor, constitute sufficient evidence of voluntarily giving up membership of the original political party, leading to disqualification under Section 3(1)(a) of the Maharashtra Local Authority Members Disqualification Act, 1986.
Judgment Excerpts
The facts giving rise to the filing of the above Petition can be stated thus :
The Petitioner was at the relevant time a member of the Indian National Congress and was elected as a Councilor from Ward No.18 in the elections held to the Solapur Municipal Corporation in the year 2012.
There were reports in various newspapers having circulation in Solapur published on 6/7 October, 2014 of the Petitioner joining the rival party of the Indian National Congress namely the ShivSena.
Procedural History
The Petitioner was elected as a councilor in 2012. In October 2014, newspaper reports indicated he joined Shiv Sena. Respondent Nos.1 and 2 filed a disqualification application before the Divisional Commissioner, Pune, which was allowed on 02.03.2015. The Petitioner then filed the present writ petition before the Bombay High Court on 13.04.2015.
Acts & Sections
- Maharashtra Local Authority Members Disqualification Act, 1986: 3(1)(a)
