LexKEDAR SHASHIKANT DESHPANDE ETC. ETC. versus BHOR MUNICIPAL COUNCIL AND ORS. ETC. ETC.
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[2010] 15 (ADDL.) S.C.R. 1083 KEDAR SHASHIKANT DESHPANDE ETC. ETC. v. BHOR MUNICIPAL COUNCIL AND ORS. ETC. ETC. (Civil Appeal Nos.10452-10457 of 2010) DECEMBER 10, 2010 [J.M. PANCHAL AND GYAN SUDHA MISRA, JJ.] A B Maharashtra Local Authority Members Disqualification Act, 1986 - s3(1)(a) - Disqualification petition - Appellants had contested the Municipal Council elections as candidates C of NCP political party and were elected as Councillors - Subsequently, they left NCP and formed another political party - Disqualification petition against appellants on the ground that they had defected from NCP and had incurred disqualification under s.3(1)(a) - Plea of appellants that they D would not be liable to disqualification in view of sub-Section(1) of s.5 because their political party or their Front viz., the Sanghathana had merged with another political party namely Congress (I) - Held: The plea of merger has not been specifically taken anywhere in the pleadings by the appellants E - S.5 contemplates the merger of the original political party or Aghadi or Front with another political party or Aghadi or Front and by virtue of such merger if a Member of the original political party becomes a Member of the such other political party then he can avail protection under s.5 of the Act from disqualification under s.3 - The original party of the appellants was NCP - It is not the case of the appellants that their original party NCP had merged with another political party viz., Congress (I) at ariy point of time - Therefore, provisions F of s.5 are not attracted to the facts of the instant case and, G plea based on merger cannot be accepted - It is admitted by the appellants themselves that they had left NCP party - s. 3(1 )(a) without any qualification or rider provides that a councillor or a member belonging to any political party or 1083 H 1084 SUPREM= COU~T REPORTS [2010] 15 (ADDL.) S.C R. A aghadi or front shall be disqualified, if he has voluntarily given up his membership of such political patty or aghadi or front - The provisions are absolute in terms and are mandatory - The mandate given by the legislature cannot be ignored by t,'?e Coutt - The legal effect of proved and admitted tacts is B that the appellants h::.ld incurred disqualification in terms of s.3(1 )(a) -Also, the evidence on record shows that a whip was issued to the appellants and other members of the NCP by Pratod of NCP, requiring them not to vote in favour of any resolution or motion for removal of the President and Vice C President of the Municipal Council and not to sign any requisition for calling meeting for the removal of the President and the Vice President - The whip which was published in the newspaper forms patt of the record - Despite the whip, the appellants had not only signed the requisition requesting the 0 Collector to call a meeting for consideration of no confidence motion against the President but had also in fact voted in favour of the said motion - Since the appellants had disobeyed the whip issued, the appellants had also incurred disqualification in terms of s.3(1)(b). E s.2(b) - Jurisdiction of Additional Collector to entettain disqualification petition - Held: Additional Collectors are delegated powers of Collectors under the Maharashtra Land Revenue Code as well as under any law for the time being in force - No doubt Maharashtra Local Authority Members' F Disqualification Act, 1986 is a law for the time being in force - Therefore, in the instant case the Additional Collector, Pune was competent to entertain, hear and decide the disqualification petition filed by the respondents - Not correct to say that the Additional Collector had no jurisdiction to I G entettain the disqualification petition filed by the respondents because he is not Collector within the meaning of s.2(b) of the Act - Maharashtra Land Revenue Code, ·f966 -s.13(3) - Notification No.PWR4983175289(103)-L-2 dated 24.3.1967. H KEDAR SHASHIKANT DESHPANDE ETC. v. SHOR 1085 MUNICIPAL COUNCIL Maharashtra Local Authority Members Disqualification A Rules, 1987: Rules 6(3) and 6(4): Verification of disqualification petition - Defect in - Held: Is curable - Rules 6(3) and 6(4) are directory in nature - Defect in verification does not affect 8 the jurisdiction of the Collector to entertain and decide a disqualification petition - It would be a wrong exercise of discretionary powers to dism
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