Case Note & Summary
The judgment pertains to a writ petition filed by four councillors of Mahur Nagar Panchayat challenging the order of the Collector, Nanded, dated 31-01-2015, which disqualified them from continuing as councillors for the remainder of the term under Section 3(1)(b) of the Maharashtra Local Authorities Members Disqualification Act, 1986 (MLAMD Act). The background involved general elections to the seventeen-member Mahur Nagar Panchayat held on 11-12-2011, wherein eight candidates of the Nationalist Congress Party (NCP) were elected. A post-poll alliance between NCP and Congress (I) was formed, resulting in respondent no. 3 being elected as president and a Congress councillor as vice president. The arrangement functioned smoothly until February 2013, when the petitioners allegedly abandoned the NCP, formed a separate group called Mahur Tirtha Kshetra Vikas Aghadi, and communicated its formation to the Collector. In mid-April 2013, the petitioners tendered their resignations to the district and taluka presidents of NCP. On 23-04-2013, a requisition for a no-confidence motion against respondent no. 3 was submitted, leading to a special meeting on 30-04-2013. The District President of NCP, Mr. Bapusaheb Deshmukh Gorthekar, issued a whip on 26-04-2013 directing all NCP councillors to vote against the no-confidence motion, warning of action under the MLAMD Act. The whip was allegedly served via registered post, affixed on residences on 29-04-2013, and attempted to be served personally on 30-04-2013, but the petitioners refused to accept it. The no-confidence motion was passed by 14 votes to 3, resulting in the removal of respondent no. 3 as president. Respondent no. 3 then filed a complaint before the Collector seeking disqualification of the petitioners on three grounds: formation of the aghadi, resignation from NCP, and voting contrary to the whip. The petitioners resisted the proceedings, contesting the authority of the district president, denying service of the whip, arguing that as elected representatives they were not bound by party directions, and demanding documents. The Collector framed five points, including whether the petitioners were NCP candidates, the authority of the district president to issue the whip, service of the whip, existence of alliance, and whether disqualification was incurred. The Collector answered all in the affirmative, relying on unrebutted evidence as the petitioners did not cross-examine the complainant's witnesses. The Collector considered that the petitioners remained NCP members as their resignations were not accepted, the district president was authorized, the whip was validly served, and the petitioners' actions attracted disqualification under Section 3(1)(b) of the MLAMD Act. In the High Court, the petitioners challenged this order. The judgment records the rival contentions and the Collector's findings but remains incomplete in the available text, lacking the final decision and reasoning of the High Court.
Issue of Consideration
Whether the order of the Collector, Nanded dated 31-01-2015 disqualifying the petitioners as councillors under Section 3(1)(b) of the Maharashtra Local Authorities Members Disqualification Act, 1986 is legal, proper and valid?
Law Points
- Disqualification of councillors under Section 3(1)(b) of MLAMD Act for voluntarily giving up membership of political party by forming a separate aghadi
- tendering resignation
- or voting contrary to party whip
- Requirement of valid service of whip on councillors
- Authority of district president of political party to issue whip
- Effect of non-cross-examination of witnesses in disqualification proceedings
- Consideration of unrebutted evidence by Collector.
Case Details
2016 LawText (BOM) (05) 5
Writ Petition No. 1942 of 2015
S. S. Gangakhedkar, S. K. Tambe, P. R. Katneshwarkar, P. B. Rakhunde, M. C. Ghode
Smt. Jyoti Pratapsingh Chadel, Smt. Sushila w/o Thavara Rathod, Smt. Noorjahanbee w/o Dulhekhan Pathan, Smt. Kalpana w/o Surendra Mabavi
The Collector, Nanded; Samar s/o Muralilal Tripathi; Smt. Lilabai w/o Vikramsingh Rathod; Smt. Sayyad Shahanajabi Rahemat Ali; Smt. Vandana Sadba Munde
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Nature of Litigation
Writ petition under Article 226 and 227 of the Constitution of India challenging the order of the Collector, Nanded under Section 3(1)(b) of Maharashtra Local Authorities Members Disqualification Act, 1986 disqualifying the petitioners as councillors of Mahur Nagar Panchayat.
Remedy Sought
Quashing of the Collector's order dated 31-01-2015 and restoration of their status as councillors.
Filing Reason
The Collector passed the disqualification order on the complaint of respondent no. 3, alleging that petitioners violated party whip, formed a separate aghadi, and resigned from NCP, thus incurring disqualification.
Previous Decisions
The Collector, Nanded in case No. 2013/MCA/K1/T1/CR-34, by order dated 31-01-2015, held that petitioners were disqualified under Section 3(1)(b) of the MLAMD Act.
Issues
Whether the Collector's order disqualifying the petitioners under Section 3(1)(b) of MLAMD Act is legal and valid?
Whether formation of Mahur Tirtha Kshetra Vikas Aghadi and tendering of resignations amount to voluntarily giving up membership of NCP?
Whether the whip issued by the district president of NCP was validly served on the petitioners?
Whether the district president of NCP had authority to issue the whip directing party councillors to vote against the no-confidence motion?
Submissions/Arguments
Petitioners: Once elected, councillors represent the public and are not bound by party directions; formation of aghadi and resignations are not material; the complainant took contradictory stands; the district president was not authorized to issue the whip; the whip was not served on them; the proceedings were politically motivated; demanded documents and costs.
Respondent No. 3: NCP is a registered political party; the district president is authorized by the party constitution to issue directions; whip was issued on 26-04-2013 and served via registered post, affixation on residences on 29-04-2013, and personal tender on 30-04-2013 which was refused; the petitioners willfully breached the whip; their resignations were not accepted; they incurred disqualification under Section 3(1)(b); the breach was not condoned by the party.
Judgment Excerpts
The petitioners question propriety, legality and validity of order passed by respondent No.1 – Collector, Nanded dated 31-01-2015 in the case bearing No.2013/MCA/K1/T1/CR-34, invoking provisions of Section 3(1)(b) of Maharashtra Local Authorities Members Disqualification Act, 1986, whereunder petitioners have been held to be disqualified to continue as councillors for the remainder of the term of Mahur Nagar Panchayat.
One Mr. Bapusaheb Deshmukh Gorthekar, the district president of NCP, is stated to have issued direction to all NCP councillors including petitioners commanding them to vote against no confidence motion in the special meeting scheduled on 30-04-2013, warning, contravention of the direction would call for an action according to the provisions of MLAMD Act.
Respondent no. 3 alleged that petitioners stand disqualified on three grounds, namely; (a) By formation of Mahur Tirtha Kshetra Vikas Aghadi ; (b) By resignations giving up membership of NCP ; (c) By acting contrary to directions of the district president of NCP.
Procedural History
General elections to 17-member Mahur Nagar Panchayat held on 11-12-2011; 8 NCP candidates elected; post-poll alliance between NCP and Congress (I); Respondent no. 3 elected as president. In February 2013, petitioners formed Mahur Tirtha Kshetra Vikas Aghadi. In mid-April 2013, petitioners tendered resignations to NCP district and taluka presidents. On 23-04-2013, requisition for no-confidence motion against respondent no. 3 was submitted. On 26-04-2013, NCP district president issued whip to vote against no-confidence motion. Whip allegedly served by post, affixation on residences on 29-04-2013, and personal tender on 30-04-2013. No-confidence motion passed on 30-04-2013 by 14:3 votes; respondent no. 3 removed as president. Respondent no. 3 filed disqualification petition before Collector under Section 3 of MLAMD Act read with Rule 6 of MLAMD Rules. Collector framed five points and, after considering evidence, by order dated 31-01-2015 disqualified petitioners for remainder of term. Petitioners filed writ petition in High Court challenging the order.
Acts & Sections
- Maharashtra Local Authorities Members Disqualification Act, 1986: 3(1)(b)
- Maharashtra Local Authority Members Disqualification Rules, 1987: 3(5), 6
