Case Note & Summary
The petitioner, Prashant Dattatray Pawar, challenged the order of the Minister for Urban Development Department, Maharashtra State, which declared him disqualified from contesting the election for the post of President of Bhadgaon Municipal Council. The respondent, Rajendra Mahadu Patil, had filed a dispute under Section 51(6) read with Section 16(1)(a1) and Section 55-A of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, alleging that the petitioner was disqualified on the date of election due to arrears of taxes. The Minister, after issuing a notice in August 2015, passed an order disqualifying the petitioner and declaring the respondent as elected. The petitioner contended that the Minister's order was passed in violation of natural justice as he was not given a fair hearing, and that the finding of disqualification was based on no evidence. The court examined the provisions of the Act and noted that the burden of proving disqualification lies on the person alleging it. The court found that the Minister had not considered the petitioner's explanation that the alleged arrears were not due from him personally but from a firm in which he was a partner, and that the tax was not recoverable from him individually. The court held that the Minister's order was arbitrary and unsustainable, and accordingly set it aside. The petition was allowed, and the rule was made absolute.
Headnote
A) Municipal Law - Disqualification - Section 16(1)(a1) read with Section 51(6) and Section 55-A of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 - Natural Justice - The Minister's order disqualifying the petitioner from being a candidate for the post of President was set aside as the petitioner was not given a proper opportunity of hearing and the order was based on no evidence - Held that the burden of proving disqualification lies on the person alleging it, and the Minister failed to consider the petitioner's explanation regarding the alleged arrears (Paras 1-10).
Issue of Consideration
Whether the order of the Minister disqualifying the petitioner under Section 16(1)(a1) of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 was legally sustainable and passed in compliance with principles of natural justice.
Final Decision
The petition is allowed. The order of the Minister dated 24 October 2016 is quashed and set aside. Rule is made absolute.
Law Points
- Natural justice
- disqualification under Maharashtra Municipal Councils Act
- 1965
- burden of proof
- election dispute
- right to hearing
Case Details
2016 LawText (BOM) (10) 17
Writ Petition No. 11762 of 2015
Mahesh S. Deshmukh (for petitioner), S.R. Yadav (Assistant Government Pleader for respondent Nos.1 to 3), D.B. Thoke (for respondent No.4), S.B. Talekar (for respondent No.5)
Prashant s/o Dattatray Pawar
Hon'ble Minister for State for Urban Development Department, Maharashtra State, Collector, Jalgaon, Returning Officer for election to the post of President, Municipal Council, Bhadgaon, for 2015 @ Sub Divisional Officer, Sub Division, Pachora, Municipal Council, Bhadgaon, Rajendra Mahadu Patil
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Nature of Litigation
Writ petition challenging the order of the Minister disqualifying the petitioner from contesting election for the post of President of Municipal Council.
Remedy Sought
Petitioner sought quashing of the Minister's order declaring him disqualified and declaring the respondent as elected.
Filing Reason
The Minister's order was passed without proper hearing and based on no evidence.
Previous Decisions
The Minister had passed an order disqualifying the petitioner and declaring the respondent as elected.
Issues
Whether the Minister's order disqualifying the petitioner was passed in violation of principles of natural justice?
Whether the finding of disqualification under Section 16(1)(a1) of the Act was based on any evidence?
Submissions/Arguments
Petitioner argued that he was not given a fair hearing and that the alleged arrears were not due from him personally.
Respondent argued that the petitioner was disqualified due to arrears of taxes.
Ratio Decidendi
The burden of proving disqualification lies on the person alleging it. The Minister failed to consider the petitioner's explanation and passed the order without proper evidence, violating natural justice.
Judgment Excerpts
The petition is filed against the order of the Hon'ble Minister, Urban Development Department in a dispute filed by present respondent Rajendra Patil under the provisions of section 51(6) read with section 16(1)(a1) read with section 55-A of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965.
The Minister's order is set aside as it was passed in violation of natural justice and based on no evidence.
Procedural History
The respondent filed a dispute before the Minister under the Act in 2015. Notice was issued in August 2015. The petitioner sought transfer of the matter but it was not granted. The Minister passed the impugned order. The petitioner then filed the present writ petition.
Acts & Sections
- Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965: Section 16(1)(a1), Section 51(6), Section 55-A
