DATTATRAYA MARUTI BAWALEKAR AND ORS. versus PANDURANG DAGADU PARTE

Citation: [1998] 3 S.C.R. 55 · Decided: 29-04-1998 · Supreme Court of India · Bench: S.C. AGRAWAL · Disposal: Dismissed

Judgment (excerpt)

DA TT ATRA YA MARUTI BA W ALEKAR AND ORS. 
A 
PANDURANG DAGADU PARTE 
APRIL 29, 1998 
[S.C. AGRAWAL ANDS. RAJENDRA BABU, JJ.] 
B 
Maharashtra Local Authority Members Disqualification Act, 1986-
Section 3(1) and 3(2)-Elected Members of Council-Disqualification of-
Nine independent elected members out of total of seventeen form themselves 
into a front-Members incur disqualification on joining political party after C 
election-Section 3(2) makes no distinction between a person belonging to 
a political party and a person who is elected as an independent-Held: 
independent councillor joining political party after election or formation of 
new front would attract disqualification from being a councillor. 
The appellants contested as independent candidates for the post of D 
Municipal Councillors. At the time of election, appellants did not associate 
with any political party or Aghadi or front and on being elected, the appellants 
formed themselves into a Front and informed respondent No. 3 of this 
formation. Thereafter, notification was issued for electing the President of 
the Council. Subsequently Respondent No. I, an elected councillor filed an E 
application before respondent No. 3 for disqualifying the appellant under 
section 3(2) of the Maharashtra Local Authority Members Disqualification 
Act since the appellant had formed a front. The application was rejected 
against which Writ Petition was preferred before High Court challenging 
the decision of Respondent No. 3. Meanwhile, the front sponsored appellant 
No. 4 as its candidate and issued whip to its members to vote for him and F 
in the meeting appellant No. 4 was elected as President. The High Court 
allowed the Writ Petition holding that on the formation of the front, the 
independent councillors incurred a disqualification and came within the 
mischief of Section 3(2) of the Act and therefore ceased to be councillors 
of the Municipal Council. 
G 
In the appeal before this court, appellants contended that they had not 
joined the Aghadi/front to set up a candidate to an election to the Local 
Authority and that although they loosely formed a group, it was not really 
a front in terms of the Maharashtra Local Authority Members Disqualification 
Act to the post of President of Council. 
H 
55 
56 
SUPREME COURT REPORTS 
(1998] 3 S.C.R 
A 
Dismissing the appeal, this Court 
HELD : I. Any independent councillor joining political party after 
election or formation of new front would attract disqualification from being 
a councillor. When any independent candidate so elected forms Aghadi/Front 
as new party then they cease to be independent and become a member of 
B political party or Front. Such front is bound by the provision of the Act, his 
status as an independent will come to an end on becoming a member of a 
front or a group, and is subject to the whip of the party. Thus the appellants 
who could act independently prior to electi.on or immediately on election 
became subject to discipline of the front on becoming members thereof. 
C Therefore, the High Court was justified in holding that appellants have 
incurred disqualification. (63-B-D( 
Kihota Mollaham v. Zachillhu, (1922) Supp 2 SCC 651 688, relied on. 
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 3294 of 
D 1997. 
From the Judgment and Order dated 27.3.97/1.4.97 of the Bombay High 
Court, in W.P. No. 249 of I 997. 
G.L. Sanghi, A.M. Khanwilkar and V.D. Khanna and Rajiv Nanda for the 
E Appellants. 
F 
Harish N. Salve, K.J. John, C.Mukund, Ms. Majnu Mishra and D.M. 
Nargolkar for the Respondents. 
V.A. Bobde and Uday U. Lalit for the Intervenor. 
The Judgment of the Court was delivered by 
R.\JENDRA BABU, J. The appellants in this batch of cases were 
elected as members of the Mahabale5hwar Devanstan Municipal Council in 
the elections held on I st December, I 996. There are I 7 wards in the council 
G and I 7 councillors were elected. At the time of election the councillors so 
elected did not associate with any political party or Aghadi or Front. They 
having contested as independent candidates on 2nd December, 1996 a meeting 
of these councillors was held and they formed themselves into an Aghadi 
Front with the name Mahabaleshwar Giristhan Nagar Parishad Shahar Vikas 
Aghadi. On 17.12.1996 the appellants informed respondent No. 3 that they 
H have formed a Front as aforesaid. On 18.12.1996 the names of the appellants 
D.M. BAWALEKAR v. P.O. PARTE [RAJENDRA BABU, J.] 
57 
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