Case Note & Summary
The petitioner, Lokashahi Aghadi, through its leader Shital Gaikwad, filed a writ petition challenging a communication dated 7.4.2017 issued by the Divisional Commissioner, Amravati, which treated respondent no.6, an independent corporator, as a member of respondent no.5-Shiv Sena Paksh. The general elections to the Akola Municipal Corporation were held, and results declared on 23.3.2017. The petitioner and respondent no.5 submitted information under Rule 3 of the Maharashtra Local Authority Members Disqualification Rules, 1987 to the Divisional Commissioner. Respondent no.5 initially showed eight members elected from its party, but later on 24.3.2017 submitted another communication claiming that respondent no.6, who was elected as an independent, had joined their party. The Divisional Commissioner accepted this and issued the impugned communication. The petitioner sought quashing of that communication. The court examined the provisions of the Maharashtra Local Authority Members Disqualification Rules, 1987, particularly Rule 3, which requires political parties to furnish information about their members. The court noted that respondent no.6 was elected as an independent and there was no evidence of his consent to join respondent no.5 or any merger of his party. The court held that a political party cannot unilaterally claim an independent corporator as its member without the corporator's consent or a valid merger. The Divisional Commissioner's order was based on an erroneous assumption and was quashed. The court directed that the strength of respondent no.5 party be considered as eight members only, as originally submitted. The petition was allowed.
Headnote
A) Municipal Law - Disqualification of Members - Rule 3 of Maharashtra Local Authority Members Disqualification Rules, 1987 - Inclusion of Independent Corporator - The Divisional Commissioner treated respondent no.6, an independent corporator, as a member of respondent no.5-Shiv Sena based on a communication from the party. The court held that such inclusion without the corporator's consent or a valid merger is impermissible. The party's unilateral claim cannot override the corporator's independent status. (Paras 1-10) B) Municipal Law - Merger of Political Party - Maharashtra Local Authority Members Disqualification Rules, 1987 - Requirement of Consent - The court observed that for a corporator to be treated as a member of a political party, there must be either an election on that party's ticket or a subsequent merger with the party. Mere submission of a list by the party is insufficient. The independent corporator's consent is essential. (Paras 5-10) C) Municipal Law - Disqualification - Rule 3 of Maharashtra Local Authority Members Disqualification Rules, 1987 - Communication of Party Strength - The Divisional Commissioner's communication dated 7.4.2017, which treated respondent no.6 as a member of Shiv Sena, was quashed as it was based on an erroneous assumption. The court directed that the strength of respondent no.5 party be considered as eight members only. (Paras 2, 10)
Issue of Consideration
Whether the Divisional Commissioner could treat an independent corporator as a member of a political party based solely on the party's communication, without the corporator's consent or a valid merger under the Maharashtra Local Authority Members Disqualification Rules, 1987.
Final Decision
The petition is allowed. The impugned communication dated 7.4.2017 issued by respondent no.3-Divisional Commissioner is quashed and set aside. The strength of respondent no.5 party is to be considered as eight members only.
Law Points
- Interpretation of Rule 3 of the Maharashtra Local Authority Members Disqualification Rules
- 1987
- Requirement of consent for inclusion of independent member in political party
- Merger of political party requires compliance with statutory provisions
