Case Note & Summary
The petitioner, Nandkumar alias Laxman Sahadu Borude, was an elected councillor of the Municipal Council, Shrigonda, having been elected in 2014. He challenged an order dated 25 January 2016 passed by the State Government disqualifying him from continuing as a councillor and from becoming a councillor of any local authority for five years. The disqualification was based on a complaint by the then Chief Officer, Shri Sonawane, alleging that on 20 February 2014, the petitioner abused him and threatened him by showing a chappal (footwear). A criminal case (Crime No.I 25 of 2014) was registered under Sections 343, 504 and 506 of the Indian Penal Code. The petitioner contended that the complaint was false and frivolous, and that he was not given an opportunity of hearing before the disqualification order was passed. The court examined the record and found that the State Government had not issued any show-cause notice or provided a hearing to the petitioner. The court noted that the allegations were not proved and the petitioner's long service as a councillor without any past misconduct weighed in his favour. The court held that the disqualification order was arbitrary and violative of principles of natural justice. Consequently, the court quashed the order and directed that the petitioner be reinstated as a councillor with all consequential benefits.
Headnote
A) Municipal Law - Disqualification of Councillor - Sections 55, 56 Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 - Disqualification for misconduct - The petitioner, an elected councillor, was disqualified by the State Government based on a criminal complaint alleging abuse and threat by showing footwear to the Chief Officer. The court held that the disqualification order was passed without affording an opportunity of hearing and without proper application of mind, as the complaint was not substantiated and the petitioner's explanation was not considered. The court quashed the order and reinstated the petitioner as councillor. (Paras 1-10)
Issue of Consideration
Whether the order disqualifying the petitioner as a councillor under the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 is sustainable in law and on facts.
Final Decision
The court allowed the writ petition, quashed the disqualification order dated 25 January 2016, and directed that the petitioner be reinstated as a councillor with all consequential benefits.
Law Points
- Disqualification of elected councillor
- opportunity of hearing
- natural justice
- burden of proof
- misconduct
- Maharashtra Municipal Councils
- Nagar Panchayats and Industrial Townships Act
- 1965
Case Details
2016 LawText (BOM) (06) 11
WRIT PETITION NO.1430 OF 2016
Mr.V.D.Hon, Senior Counsel i/by Mr.Ashwin V. Hon, advocate for the petitioner; Mr.A.R.Kale, A.G.P. For Respondents No.1 & 2; Mr.P.N.Khedkar, advocate for Respondent No.3; Mr.R.N.Dhorde, Senior Counsel i/by Mr.V.R.Dhorde, advocate for Respondent No.4
Nandkumar alias Laxman Sahadu Borude
The State of Maharashtra, The Collector, Ahmednagar, The Municipal Council, Shrigonda, Shaikh Akhtar Haji Sikandar
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Nature of Litigation
Writ petition challenging disqualification order passed by State Government against an elected councillor.
Remedy Sought
Quashing of the disqualification order dated 25 January 2016 and reinstatement as councillor.
Filing Reason
The petitioner was disqualified without being given an opportunity of hearing and based on a false complaint.
Previous Decisions
The State Government passed the disqualification order on 25 January 2016.
Issues
Whether the disqualification order was passed in violation of principles of natural justice?
Whether the allegations of misconduct were substantiated?
Submissions/Arguments
Petitioner argued that no show-cause notice or hearing was given before the disqualification order.
Petitioner contended that the complaint was false and frivolous, and he had no past misconduct.
Respondents argued that the disqualification was justified based on the criminal complaint.
Ratio Decidendi
A disqualification order under the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 must be passed after affording an opportunity of hearing to the councillor and based on substantiated allegations. Failure to do so renders the order arbitrary and violative of natural justice.
Judgment Excerpts
Heard. Rule. Rule made returnable forthwith and heard finally by consent of learned Counsel for respective parties.
The petitioner, who was elected as a Councillor of Municipal Council, Shrigonda, in the elections held in 2014, is assailing the order passed by the State government on 25th January 2016, holding him disqualified to continue to hold office of an elected councillor and further disqualifying him from becoming a councillor of the Municipal Council or any other local authority for the period of five years from the date of issuance of order.
Procedural History
The petitioner was elected as a councillor in 2014. On 20 February 2014, a complaint was lodged by the Chief Officer leading to Crime No.I 25 of 2014. The State Government passed the disqualification order on 25 January 2016. The petitioner filed the present writ petition challenging the order.
Acts & Sections
- Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965: 55, 56
- Indian Penal Code: 343, 504, 506
