Case Note & Summary
The Petitioner, Nagesh H. Akkalkote, challenged an order dated 29 September 2015 made by the Additional Secretary, State of Maharashtra, which purported to exercise appellate jurisdiction under Section 44(4) of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 (the Act). The impugned order stayed the earlier order dated 14 September 2015 made by the Additional Commissioner, Pune, which had set aside the disqualification order against the Petitioner under Section 44 of the Act. In effect, the impugned order revived the disqualification. The Petitioner had earlier been disqualified as a councillor, but the High Court by order dated 31 July 2015 in Writ Petition No. 6139 of 2015 had stayed the disqualification during the pendency of the Petitioner's appeal under Section 44(4) before the Regional Director of Municipal Administration. The Regional Director allowed the appeal and set aside the disqualification. The Respondent No.3 then filed an appeal before the Additional Secretary, who passed the impugned order staying the Regional Director's order. The Petitioner contended that the order of the Regional Director had attained statutory finality under Section 44(4) and no further appeal lay before the Additional Secretary. The Court examined the scheme of Section 44(4) and held that the Regional Director's order was final and no appeal was provided against it. Therefore, the appeal before the Additional Secretary was not maintainable, and the impugned order was a nullity. The Court quashed and set aside the impugned order and allowed the petition. The civil application also stood disposed of.
Headnote
A) Municipal Law - Disqualification of Councillor - Statutory Finality - Section 44(4) Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 - The order dated 14 September 2015 made by the Regional Director of Municipal Administration under Section 44(4) of the said Act had been accorded statutory finality, and no further appeal lay before the Additional Secretary, State of Maharashtra. The appeal itself was ex facie not maintainable, and the impugned order made therein is a nullity. (Paras 2-3, 5-6)
B) Municipal Law - Disqualification of Councillor - Interim Stay by High Court - Section 44(4) Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 - The High Court by order dated 31 July 2015 in Writ Petition No. 6139 of 2015 had stayed the disqualification incurred by the Petitioner during pendency of the Petitioner's appeal under Section 44(4) before the Regional Director. The Petitioner's appeal was allowed by the Regional Director and the order of disqualification was set aside. (Para 3)
C) Municipal Law - Disqualification of Councillor - Nullity of Order - Section 44(4) Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 - Since the appeal before the Additional Secretary was not maintainable, the impugned order dated 29 September 2015 purporting to revive the disqualification is a nullity and is quashed and set aside. (Paras 5-6)
Issue of Consideration
Whether an appeal lies before the Additional Secretary, State of Maharashtra against an order made by the Regional Director of Municipal Administration under Section 44(4) of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, and whether the impugned order reviving disqualification is a nullity.
Final Decision
The impugned order dated 29 September 2015 is quashed and set aside. The petition is allowed. Rule is made absolute accordingly. Civil Application No. 3284 of 2015 also stands disposed of. There shall be no order as to costs.
Law Points
- Statutory finality
- maintainability of appeal
- nullity of order passed without jurisdiction
- Section 44(4) Maharashtra Municipal Councils
- Nagar Panchayats and Industrial Townships Act
- 1965
Case Details
2015 LawText (BOM) (12) 33
Writ Petition No. 11776 of 2015 with Civil Application No. 3284 of 2015
Mr. Vineet B. Naik, Senior Advocate a/w. Mr. Abhijit Kulkarni i/b D.D. & Abhijit Associates for the Petitioner; Ms Neha Bhide, AGP for Respondent Nos.1, 2 and 4; Mr. Balkrishna D. Joshi for Respondent No.3.
The State of Maharashtra & ors.
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Nature of Litigation
Writ petition challenging an appellate order reviving disqualification of a municipal councillor.
Remedy Sought
Quashing of the order dated 29 September 2015 made by the Additional Secretary, State of Maharashtra, which stayed the order of the Regional Director setting aside disqualification.
Filing Reason
The Petitioner was disqualified under Section 44 of the Act; the disqualification was stayed by the High Court; the appeal before the Regional Director was allowed and disqualification set aside; Respondent No.3 appealed to the Additional Secretary who passed the impugned order reviving disqualification.
Previous Decisions
Order dated 31 July 2015 in Writ Petition No. 6139 of 2015 staying disqualification; Order dated 14 September 2015 by Regional Director allowing appeal and setting aside disqualification; Impugned order dated 29 September 2015 by Additional Secretary staying the Regional Director's order.
Issues
Whether an appeal lies before the Additional Secretary, State of Maharashtra against an order made by the Regional Director of Municipal Administration under Section 44(4) of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965.
Whether the impugned order dated 29 September 2015 is a nullity.
Submissions/Arguments
The order dated 14 September 2015 made by the Regional Director of Municipal Administration under Section 44(4) of the said Act has been accorded statutory finality, and no further appeal lay before the Additional Secretary, State of Maharashtra. The appeal itself was ex facie not maintainable, and the impugned order made therein is a nullity.
The High Court by order dated 31 July 2015 in Writ Petition No. 6139 of 2015 had stayed disqualification incurred by the Petitioner during pendency of the Petitioner's appeal under Section 44(4) before the Regional Director. The Petitioner's appeal was allowed by the Regional Director and the order of disqualification was set aside.
Ratio Decidendi
Under Section 44(4) of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, the order of the Regional Director of Municipal Administration is final and no further appeal lies to the Additional Secretary, State of Maharashtra. Therefore, an appeal filed before the Additional Secretary is not maintainable, and any order passed therein is a nullity.
Judgment Excerpts
The order dated 14 September 2015 made by the Regional Director of Municipal Administration, has been accorded statutory finality. Accordingly, no further appeal lay before the Additional Secretary, State of Maharashtra. Since the appeal itself was ex facie not maintainable, the impugned order made therein is a nullity.
The impugned order dated 29 September 2015 is quashed and set aside. The petition is allowed.
Procedural History
The Petitioner was disqualified under Section 44 of the Act. The High Court by order dated 31 July 2015 in Writ Petition No. 6139 of 2015 stayed the disqualification during pendency of appeal under Section 44(4) before the Regional Director. The Regional Director allowed the appeal on 14 September 2015 and set aside the disqualification. Respondent No.3 filed an appeal before the Additional Secretary, State of Maharashtra, who on 29 September 2015 passed the impugned order staying the Regional Director's order, thereby reviving the disqualification. The Petitioner then filed the present writ petition challenging the impugned order.
Acts & Sections
- Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965: 44, 44(4)
