Case Note & Summary
The petitioner, Arun Laxman Ashan, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 3rd April 2017 passed by the Divisional Commissioner (respondent no.3). The Commissioner had recalled an earlier office order dated 31st March 2017 which had rejected the application for registration of an Aghadi (political party) filed by respondent nos. 1 and 2 (Jeevan C. Idnani and Secular Alliance of India Aghadi). The petitioner contended that no hearing was given before the fresh order was passed and that registration could not be granted after 30 days from the date of election. The respondents argued that under Rule 5 of the Maharashtra Local Authority Member's Disqualification Act, 1986, the Aghadi was formed within 30 days of the election and the Commissioner had the power to maintain the register. The court, after hearing both sides, held that the Commissioner had the power to review his own order and that the registration was valid as the Aghadi was formed within the prescribed period. The petition was dismissed with no order as to costs.
Headnote
A) Local Government - Political Party Registration - Review Power - Commissioner's power to recall rejection order - The Additional Commissioner recalled his earlier order rejecting registration of an Aghadi and granted registration without hearing the petitioner - The court held that the Commissioner had the power to review his own order and that the registration was within the time limit as the Aghadi was formed within 30 days of the election - The petition was dismissed (Paras 1-7).
B) Local Government - Time Limit for Registration - Rule 5 of Maharashtra Local Authority Member's Disqualification Act, 1986 - The Aghadi was formed within 30 days of the election, and the registration was granted after the rejection was recalled - The court held that the registration was valid as the Aghadi was already formed within the prescribed period (Paras 3-7).
Issue of Consideration
Whether the Additional Commissioner could recall his earlier order rejecting registration of an Aghadi and grant registration without hearing the petitioner, and whether registration could be granted after 30 days from the date of election.
Final Decision
The petition is dismissed. No order as to costs.
Law Points
- Review power
- Natural justice
- Registration of Aghadi
- Time limit for registration
- Maharashtra Local Authority Member's Disqualification Act
- 1986
Case Details
2018 LawText (BOM) (03) 89
WRIT PETITION NO. 4005 OF 2017
Mr. Saurabh Oka for Petitioner, Mr. S.M. Kamble for Respondent No.4, Mr. N.R. Bubna for Respondent Nos.1 & 2, Mr. S.D. Rayrikar, AGP for State/Respondent No.3
Jeevan C. Idnani, Secular Alliance of India Aghadi, The Divisional Commissioner, Ulhasnagar Municipal Corporation
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petition under Article 227 of the Constitution of India challenging an order of the Divisional Commissioner recalling rejection of registration of an Aghadi.
Remedy Sought
Petitioner sought to quash the order dated 3rd April 2017 granting registration of the Aghadi.
Filing Reason
Petitioner alleged that the Additional Commissioner passed a fresh order without hearing him and that registration was granted after 30 days from the election.
Previous Decisions
The Additional Commissioner initially rejected the application for registration on 31st March 2017, but later recalled that order and granted registration on 3rd April 2017.
Issues
Whether the Additional Commissioner could recall his earlier order rejecting registration without hearing the petitioner?
Whether registration could be granted after 30 days from the date of election?
Submissions/Arguments
Petitioner argued that no hearing was given before the fresh order and registration was beyond 30 days from election.
Respondents argued that the Aghadi was formed within 30 days and the Commissioner had power to maintain the register under Rule 5.
Ratio Decidendi
The Commissioner has the power to review his own order rejecting registration of an Aghadi, and registration is valid if the Aghadi was formed within 30 days of the election, even if the formal registration order is passed later.
Judgment Excerpts
By this petition filed under Article 227 of the constitution of India, the petitioner has impugned the order dated 3rd April, 2017 passed by respondent no.3 on application dated 21st March, 2017 filed by the respondent nos. 1 and 2 thereby reviewing the order dated 31st March, 2017 rejecting the application for registration of the Aghadi.
It is submitted by the learned counsel that the registration could not have been effected after 30 days from the date of election.
He submits that under Rule 5, the commissioner was to maintain the register in form-4 based on the information furnished under Rules 4 and 5 in relation to the councilor of the Municipal Party, Zilla Parishad Party or as the case may be the member of the Panchayat Samiti Party.
Procedural History
The petitioner filed a writ petition under Article 227 challenging the order dated 3rd April 2017 of the Divisional Commissioner. The petition was heard and dismissed on 14th March 2018.
Acts & Sections
- Maharashtra Local Authority Member's Disqualification Act, 1986: Rule 5
