Case Note & Summary
The judgment concerns three writ petitions filed under Article 227 of the Constitution of India challenging identical orders dated 18.03.2015 passed by the Collector, Solapur, disqualifying the petitioners under Section 3(1)(b) of the Maharashtra Local Authority Members Disqualification Act, 1985. The petitioners were members of a political party but contested municipal council elections as independent candidates after being denied party tickets. The respondent No.1 filed applications for their disqualification, which were allowed by the Collector. The High Court upheld the disqualification, holding that by contesting as independent candidates, the petitioners voluntarily gave up membership of their political party, attracting disqualification under the Act. The court dismissed the petitions, confirming the Collector's orders.
Headnote
A) Local Government - Disqualification - Defection - Section 3(1)(b) of Maharashtra Local Authority Members Disqualification Act, 1985 - Voluntarily giving up membership of political party - Petitioners were members of a political party but contested elections as independent candidates after being denied party tickets - Held that by contesting as independents, they voluntarily gave up membership of their party and are liable to be disqualified (Paras 1-10).
Issue of Consideration
Whether the petitioners, who were members of a political party and contested elections as independent candidates after being denied party tickets, are liable to be disqualified under Section 3(1)(b) of the Maharashtra Local Authority Members Disqualification Act, 1985 for voluntarily giving up membership of their political party.
Final Decision
The High Court dismissed all three writ petitions, upholding the orders of the Collector disqualifying the petitioners under Section 3(1)(b) of the Maharashtra Local Authority Members Disqualification Act, 1985.
Law Points
- Disqualification under Section 3(1)(b) of Maharashtra Local Authority Members Disqualification Act
- 1985
- Voluntarily giving up membership of political party
- Independent candidate after denial of ticket
- Defection law for local authorities
Case Details
2015 LawText (BOM) (08) 34
Writ Petition No.4261 of 2015, Writ Petition No.4262 of 2015, Writ Petition Stamp No.9513 of 2015
Mr. A Y Sakhare, Senior Advocate, i/by Mr. A A Joshi for the Petitioners; Mr. Y S Jahagirdar, Senior Advocate, i/by Mr. S S Kanetkar for Respondent No.1; Mr. S D Rayrikar, AGP for Respondent No.2
Mr. Pratap Narayan Gangekar, Shri Umesh Dagadu Pawar, A Hamid A Latif Bagwan
Mr. Rahul Arun Sable, The Collector Solapur
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Nature of Litigation
Writ petitions under Article 227 challenging orders of disqualification passed by the Collector under the Maharashtra Local Authority Members Disqualification Act, 1985.
Remedy Sought
Petitioners sought quashing of the Collector's orders disqualifying them as members of the municipal council.
Filing Reason
Petitioners were disqualified under Section 3(1)(b) of the Disqualification Act for allegedly voluntarily giving up membership of their political party by contesting elections as independent candidates.
Previous Decisions
The Collector, Solapur, allowed the applications for disqualification filed by Respondent No.1 and disqualified the petitioners.
Issues
Whether the petitioners voluntarily gave up membership of their political party by contesting as independent candidates after being denied party tickets.
Whether the Collector's orders disqualifying the petitioners under Section 3(1)(b) of the Maharashtra Local Authority Members Disqualification Act, 1985 are sustainable.
Submissions/Arguments
Petitioners argued that they did not voluntarily give up party membership; they merely contested as independents after being denied tickets.
Respondent No.1 contended that by contesting as independents, the petitioners voluntarily gave up party membership and are liable for disqualification.
Ratio Decidendi
A member of a political party who contests an election as an independent candidate after being denied a party ticket voluntarily gives up membership of that party, attracting disqualification under Section 3(1)(b) of the Maharashtra Local Authority Members Disqualification Act, 1985.
Judgment Excerpts
The Writ Jurisdiction of this Court under Article 227 of the Constitution of India is invoked against the identical orders all dated 18.03.2015 passed by the Collector, Solapur, by which orders the application for disqualification filed by the Respondent No.1 in each of the above Petitions came to be allowed and resultantly, each of the Petitioners above named were held to be disqualified in terms of Section 3(1)(b) of the Maharashtra Local Authority Members Disqualification Act, 1985.
Procedural History
The Collector, Solapur, passed orders on 18.03.2015 disqualifying the petitioners. The petitioners challenged these orders by filing writ petitions under Article 227 before the Bombay High Court. The High Court heard the matters and pronounced judgment on 04.08.2015.
Acts & Sections
- Maharashtra Local Authority Members Disqualification Act, 1985: Section 3(1)(b)
- Constitution of India: Article 227
