Case Note & Summary
The petitioners, four councillors of the Municipal Council, Shegaon, challenged an order passed by the Collector disqualifying them under Sections 3(1)(a) and 3(1)(b) of the Maharashtra Local Authority Members' Disqualification Act, 1986. The petitioners were elected as candidates of the Indian National Congress in the general elections held on 11th December 2011. The respondent No.4, also an elected candidate of the same party, initiated disqualification proceedings alleging that in a meeting of 10 councillors held on 15th December 2011, resolutions were passed constituting the party group, electing him as group leader, and defining the powers of the group leader. He claimed to have furnished information to the Collector on 16th December 2011. The Collector passed the impugned order disqualifying the petitioners without giving them an opportunity of hearing. The petitioners contended that the order was passed in violation of principles of natural justice and without proper inquiry. The Court examined the record and found that the Collector did not issue any notice to the petitioners before passing the order, nor did he conduct any inquiry into the validity of the election of the group leader or the alleged whip. The Court held that the Collector, while exercising quasi-judicial powers under the Disqualification Act, must follow the principles of natural justice and afford a hearing to the affected parties. The impugned order was set aside, and the matter was remitted back to the Collector for fresh consideration after giving an opportunity of hearing to all concerned parties. Rule was made absolute accordingly.
Headnote
A) Disqualification of Members - Natural Justice - Opportunity of Hearing - Sections 3(1)(a) and 3(1)(b) of the Maharashtra Local Authority Members' Disqualification Act, 1986 - The Collector passed an order disqualifying the petitioners without giving them an opportunity of hearing, violating principles of natural justice. The Court held that the Collector, while exercising quasi-judicial powers, must afford a hearing to the affected parties before passing an adverse order. (Paras 5-6) B) Disqualification of Members - Group Leader - Powers - Sections 3(1)(a) and 3(1)(b) of the Maharashtra Local Authority Members' Disqualification Act, 1986 - The respondent No.4 claimed to be the group leader and alleged that the petitioners acted against the party whip. However, the Court noted that the Collector did not examine whether the respondent No.4 was validly elected as group leader or whether the petitioners had notice of the whip. The order was set aside for lack of proper inquiry. (Paras 4-6)
Issue of Consideration
Whether the order of disqualification passed by the Collector under Sections 3(1)(a) and 3(1)(b) of the Maharashtra Local Authority Members' Disqualification Act, 1986, is sustainable when the petitioners were not given an opportunity of hearing and the Collector did not conduct a proper inquiry.
Final Decision
The Court allowed the writ petition, set aside the order passed by the Collector disqualifying the petitioners, and remitted the matter back to the Collector for fresh consideration after giving an opportunity of hearing to all concerned parties. Rule made absolute.
Law Points
- Natural justice
- Disqualification of elected members
- Group leader powers
- Maharashtra Local Authority Members' Disqualification Act
- 1986
- Sections 3(1)(a) and 3(1)(b)
- Opportunity of hearing
- Collector's quasi-judicial function
