LexThe Maharashtra Local Authority Members Disqualification Act, 1986.
Maharashtra · state statute
Open in Lexace · Ask the AI about this act1987 : Mah. XX] 1
THE MAHARASHTRA LOCAL AUTHORITY MEMBERS’
DISQUALIFICATION ACT, 1986
[Text as on 11th March 2025]
———————
CONTENTS
PREAMBLE.
SECTIONS.
1. Short title and commencement.
2. Definitions.
3. Disqualification on ground of defection.
3A. Disqualification for appointment on remunerative political post.
4. [Deleted].
5. Disqualification on ground of defection not to apply in case of merger.
6. Councillor or member to vacate office or not to hold office after merger.
7. Decision on question as to disqualification on ground of defection.
8. Bar of jurisdiction of civil courts, etc.
9. Rules.
10. Act to have overriding effect, but shall be in addition to existing local authority laws.
11. Amendment of certain enactments.
SCHEDULE
2 The Maharashtra Local Authority Members’ [1987 : Mah. XX
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Disqualification Act, 1987
LIST OF AMENDMENT ACTS
1. Amended by Mah. 8 of 1997 (29-4-1996)
2. Amended by Mah. 50 of 20061 (19-10-2006)
3. Amended by Mah. 37 of 2016 (16-12-2016)
4. Amended by Mah. 1 of 20182 (1-7-2017)
5. Amended by Mah. 35 of 2019 (6-8-2019)
1 Maharashtra Ordinance No. XI of 2006 was repealed by Mah. 50 of 2006, s. 6.
2 Maharashtra Ordinance No. XI of 2017 was repealed by Mah. 1 of 2018, s. 3.
Note.- The date mentioned in the bracket indicates the date of commencement of the Act.
4 The Maharashtra Local Authority Members’ [1987 : Mah. XX
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Disqualification Act, 1987
MAHARASHTRA ACT No. XX OF 19871
[THE MAHARASHTRA LOCAL AUTHORITY MEMBERS’
DISQUALIFICATION ACT, 1986.]
[This Act received the assent of the Governor on the 28th July 1987; assent was first published
in the Maharashtra Government Gazette, Extraordinary No. 24, Part IV, on the 29th July 1987.]
An Act to provide for disqualification of members of certain local authorities on ground of
defection and for matters incidental and connected therewith.
WHEREAS, it is expedient to provide for disqualification of members of certain local authorities
on ground of defection and for matters inc idental and connected therewith ; It is hereby enacted in the
Thirty-seventh Year of the Republic of India as follows :—
1. Short title and commencement. — (1) This Act may be called the Maharashtra Local
Authority Members’ Disqualification Act, 1986.
(2) It shall come into force on such 2date as the State Government may, by notification in the
Official Gazette, appointment.
2. Definitions.— In this Act, unless the context otherwise requires,—
(a) “aghadi” or “front” means a group of persons who have formed themselves into a party
for the purpose of setting up candidates for election to a local authority;
(b) “Collector” means the Collector of a district;
(c) “Commissioner” means the Commissioner of a revenue division appointed under section
6 of the Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966);
(d) “councillor” means a councillor of a Municipal Corporation, or a Municipal Council or a
Zilla Parishad;
(e) “local authority” means—
(i) a Municipal Corporation,
(ii) a Municipal Council,
(iii) a Zilla Parishad, or
(iv) a Panchayat Samiti;
(f) “member” means a member of a Panchayat Samiti;
(g) “Municipal Corporation” means a Municipal Corporation constituted under a relevant
municipal law;
3[(h) “Municipal Council” means a Municipal Council constituted under the Maharashtra
Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 (Mah. XL of 1965)
and also includes the Nagar Panchayat constituted under the said Act;]
(i) “municipal party”, in relation to the councillor belonging to any political party or aghadi
or front in accordance with the Explanation to section 3, means—
(i) in the case of a councillor of a Municipal Corporation, the group consisting of all
councillors of the Municipal Corporation for the time being belonging to that political party
or aghadi or front in accordance with the said Explanation;
1 For Statement of Objects and Reasons of the L. A. Bill No. XXVII of 1986, see Maharashtra Government Gazette, 1987,
Extraordinary No. 101, Part V, dated the 20th October 1986, page 584.
2 1st November 1987 (vide G.N., R. D. D., No. ZPA. 1086/Cr-875/04, dated the 29th October 1987.)
3 Clause (h) was substituted by Mah. 35 of 2019, s. 2(i).
6 The Maharashtra Local Authority Members’ [1987 : Mah. XX
Disqualification Act, 1987
(ii) in the case of a councillor of a Municipal Council, the group consisting of all the
councillors of the Mun icipal Council for the time being belonging to that political party or
aghadi or front in accordance with the said Explanation;
(j) “original political party”, in relation to a councillor or a member, means the political
party to which he belongs for the purposes of sub-section (1) of section 3;
(k) “Panchayat Samiti” means a Panchayat Samiti constituted under the Maharashtra Zilla
Parishads and Panchayat Samitis Act, 1961 (Mah. V of 1962);
(l) “ Panchayat Samiti Party”, in relation to a member belonging to any political party or
aghadi or front in accordance with the Explanation to section 3, means the group consisting of all
the members of the Panchayat Samiti for the time being belonging to that political party or
aghadi or front in accordance with the said Explanation;
(m) “relevant municipal law”,—
(i) in relation to the Municipal Corporation of Greater Bombay, means the 1Bombay
Municipal Corporation Act (Bom. III of 1888);
(ii) in relation to the Corporation of the C ity of Nagpur, means 2the City of Nagpur
Corporation Act, 1948 (C. P. and Berar II of 1950);
(iii) in relation to the Municipal Corporation of any other City, means 3the Bombay
Provincial Municipal Corporations Act, 1949 (Bom. LIX of 1949);
4[(iv) in relation to the Municipal Council, means the Maharashtra Municipal Councils,
Nagar Panchayats and Industrial Townships Act, 1965 (Mah. XL of 1965);]
(n) “Schedule” means the Schedule appended to this Act;
(o) “ Zilla Parishad ” means a Zilla Parishad constituted under the Maharashtra Zilla
Parishads and Panchayat Samitis Act, 1961 (Mah. V of 1962);
(p) “Zilla Parishad Party”, in relation to a councillor of a Zilla Parishad belonging to any
political party or aghadi or front in accordance with the Explanation to section 3, means the
group consisting of all the members of the Zilla Parishad for the time being belonging to that
political party or aghadi or front in accordance with the said Explanation.
3. Disqualification on ground of defection. — (1) Subject t o the provisions of 5[section 5], a
councillor or a member belonging to any political party or aghadi or front shall be disqualified for
being a councillor or a member—
(a) if he has voluntarily given up his membership of such political party or aghadi or
front; or
(b) if he votes or abstains from voting in any meeting of a Municipal Corporation,
Municipal Council, Zilla Parishad or, as the case may be, Panchayat Samiti contrary to any
direction issued by the political party or aghadi or front to which he belongs or by any person or
authority authorised by any of them in this behalf, without obtaining, in either case, the prior
permission of such political party or aghadi or front, person or authority and such voting or
abstention has not been condoned by such political party or aghadi or front, person or authority
within fifteen days from the date of such voting or abstention:
1 Now see the Mumbai Municipal Corporation Act.
2 This Act is repealed by the Bombay Provincial Municipal Corporations (Am endment) and the C ity of Nagpur
Corporation (Repeal) Act, 2011 (Mah. XXIII of 2012), s. 7.
3 Now see the Maharashtra Municipal Corporations Act.
4 Sub-clause (iv) was added by Mah. 35 of 2019, s. 2(ii).
5 This word and figure was substituted for the words and figures “sections 4 and 5” by Mah. 50 of 2006, s. 2(a)(1).
1987 : Mah. XX] The Maharashtra Local Authority Members’ 7
Disqualification Act, 1987
1[Provided that, if a councillor or a member belonging to any political party or aghadi or
front is disqualified under clause ( b), he shall be disqualified for being a councillor or a member,
for six years, from the date of his disqualification:]
2[Provided further that,] such voting or abstention without prior permission from such party
or aghadi or front, at election of any office, authority or committee under any relevant municipal
law or the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 (Mah. V of 1962) shall
not be condoned under this clause;
Explanation.— For the purposes of this section—
(a) a person elected as a councillor, or as the case may be, a member shall be deemed
to belong to the political party or aghadi or front, if any, by which he was set up as
candidate for election as such councillor or member;
(b) a nominated 3[councillor] shall,—
(i) where he is a member of any political party or aghadi or front on the date of
his nomination 4[* * *] be deemed to belong to such political party or aghadi or front,
(ii) in any other case, be deemed to belong to the poli tical party or aghadi or
front of which he becomes, or as the case may be, first becomes a member of such
party or aghadi or front before the expiry of six months from the date on which he is
nominated 5[* *];
(c) 6[* *]
(2) An elected councillor, or as the case may be, member who has been elected as such otherwise
than as a candidate set up by any political party or aghadi or front shall be disqualified for being a
councillor, or as the case may be, a member if he joins any political party or aghadi or front after such
election.
(3) 7[* *]
(4) Notwithstanding anything contained in the foregoing provisions of this section a person who
on the commencement of this Act, is a councillor, or as the case may be, a member (whethe r elected or
nominated 8[* *] as such councillor or member) shall—
(a) where he was a member of a political party or aghadi or front immediately before such
commencement, be deemed, for the purposes of sub -section ( 1), to have been elected as a
councillor, or as the case may be, a member as a candidate set up by such political party or
aghadi or front;
(b) in any other case, be deemed to be an elected councillor, or as the case may be, member
who has been elected as such otherwise than as a candidate set up by any political party or aghadi
or front for the purpose of sub-section (2) 9[* *].
10[(5) The period of disqualification under this section, shall be counted from the date of order of
the officer referred to in section 7.]
1 This proviso was added by Mah. 37 of 2016, s. 2(i) (a).
2 These words were substituted for the words “Provided that” by Mah. 37 of 2016, s. 2(i)(b).
3 The word “councillor” was substituted for the words “or co -opted councillor or member” by Mah. 50 of 2006,
s. 2(a)(2)(A)(i).
4 The wo rds “or as the case may be, co -option as such councillor, or as the case may be, member” were deleted by
Mah. 50 of 2006, s. 2(a)(2)(A)(ii).
5 The words “or co -opted as such councillor, or as the case may be, member” were deleted by Mah. 50 of 2006,
s. 2(a)(2)(A)(iii).
6 Clause (c) was deleted by Mah. 50 of 2006, s. 2(a)(2)(b).
7 Sub-section (3) was deleted by Mah. 50 of 2006, s. 2(b).
8 The words “or co-opted” were deleted by Mah. 50 of 2006, s. 2(c)(1).
9 The words “or as the case may be, be deemed to be a nominated or co-opted councillor, or as the case may be, a member
for the purposes of sub-section (3)” were deleted by Mah. 50 of 2006, s. 2(c)(2).
10 Sub-section (5) was added by Mah. 37 of 2016, s. 2(ii).
8 The Maharashtra Local Authority Members’ [1987 : Mah. XX
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1[3A. Disqualification for appointment on remunerative political post. — 2[(1)] A councillor
or, as the case may be, a member belonging to any political party, aghadi or front who is disqualified
for being a councillor or, as the case may be, a member 3[under clause ( a) of sub -section ( 1) of
section 3] shall also be disqualified to hold any remunerative political post for duration of the period
commencing from the dat e of his disqualification till the date on which the term of his office as such
councillor or, as the case may be, a member expires or till the date on which he contests an election to a
local authority and is declared elected, whichever is earlier.
4[(2) A councillor or, as the case may be, a member belonging to any political party, aghadi or
front, who is disqualified for being a councillor or, as the case may be, a member under clause ( b) of
sub-section ( 1) of section 3, shall also be disqualified to hol d any remunerative political post for
duration of the period of six years commencing from the date of his disqualification.]
Explanation.— For the purpose of this section, the expression “remunerative political post”
means any office,—
(i) under the State Government where the salary or remuneration for such office is paid out
of the public revenue of the State Government or Consolidated Fund of the State; or
(ii) under a body, whether incorporated or not, which is wholly or partially owned by the
State Government and the salary or remuneration for such office is paid by such body; or
(iii) under a local authority, where the salary or remuneration for such office is paid by the
local authority out of such local authority’s fund,
except where such salary or remuneration paid is compensatory in nature.]
4. 5[* *]
5. Disqualification on ground of defection not to apply in case of merger. — (1) A councillor
or a member shall not be disqualified under sub -section (1) of section 3 where his original political
party or aghadi or front merges with another political party or aghadi or front and he claims that he and
any other members of his original political party or aghadi or front—
(a) have become members of such other political party, or aghadi or front or as the case may
be, of a new political party formed by such merger; or
(b) have not accepted the merger and opted to function as a separate group, and from the
time of such merger, such other political party or new political party or aghadi or front or group,
as the case may be, shall be deemed to be the political party or aghadi or front to which he
belongs for the purpose of sub-section (1) of section 3 and to be original political party or aghadi
or front for the purpose of this sub-section.
(2) For the purposes of sub -section ( 1), the merger of the original political party or aghadi or
front of a councillor, or as the case may be, a member shall be deemed to have taken place if, and only
if, not less than two-thirds of the members of municipal party, Zilla Parishad party, or as the case may
be, Panchayat Samiti party, concerned, have agreed to such merger.
6. Councillor or member to vacate office or not to hold office after 6[***] merger.— A
councillor, or as the case may be, member claiming 7[merger referred to in section 5], shall—
1 Section 3A was inserted by Mah. 50 of 2006, s. 3.
2 Section 3A was renumbered as sub-section (1) thereof by Mah. 37 of 2016, s. 3.
3 These words, brackets, letter and figures were substituted for the word s and number “under section 3” by Mah. 39 of
2016, s. 3(a).
4 Sub-section (2) was inserted by Mah. 37 of 2016, s. 3(b).
5 Section 4 was deleted by Mah. 50 of 2006, s. 4.
6 The words “split or” were deleted by Mah. 50 of 2006, s. 5(c).
7 These words and figure were substituted for the words and figures “such split or merger as referred to in section 4 or 5 as
the case may be” by Mah. 50 of 2006, s. 5(a).
1987 : Mah. XX] The Maharashtra Local Authority Members’ 9
Disqualification Act, 1987
(a) if holding any office other than such councillor or member under any relevant municipal
law, or as the case may be, the Maharashtra Zilla Paris hads and Panchayat Samitis Act, 1961
(Mah. V of 1962) shall be deemed to vacate such office on the date of such 1[* * *] merger and
shall, on and from that date, cease to hold such office;
2[* *]
7. Decision on question as to disqualification on ground of defection. — 3[(1)] If any question
arises as to whether,—
(a) a councillor of a Municipal Corporation; or
(b) a councillor of a Municipal Council; or
(c) a councillor of a Zilla Parishad; or
(d) a member of a Panchayat Samiti,
has become subject to disqualification under this Act, the question shall be referred—
(i) in the case of a councillor of a Municipal Corporation, to the Commissioner, and
4[(ii) in the case of any other councillor or member, to the Collector,
for his decision;]
5[(2) The decision of the Commissioner or the Collector, as the case may be, shall forthwith be
communicated to all concerned.
(3) Any person aggrieved by the decision of the Commissioner or Collector may, prefer an appeal
to the State Government within a period of thirty days from the date of such order:]
6[Provided that, the Commissioner or, as the case may be, the Collector shall take such decision
within a period of ninety days.]
8. Bar of jurisdiction of civil courts, etc.— Notwithstanding anything contained in any relevant
municipal law, or 7the Maharashtra Municipalities Act, 1965 (Mah. XL of 1965), or the Maharashtra
Zilla Parishads and Pa nchayat Samitis Act, 1961 (Mah. V of 1962), no civil court and no other
authority or officer shall have any jurisdiction to deal with or decide any question as to disqualification
of a councillor or a member on the ground of defection or as to any matter connected therewith, which
the Commissioner or the Collector is empowered to deal with and decide under section 7; and no
injunction shall be granted by any civil court or any authority or officer in respect of any action taken
or to be taken by the Commissioner or Collector in pursuance of any power conferred on him by or
under this Act.
9. Rules. — (1) The State Go vernment may, by notification in the Official Gazette, make rules
for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely :—
(a) the maintenance of registers or other records as to the political parties, aghadi or fronts,
if any, to which different councillors, or as the case may be, members belong;
(b) the report which the leader of a municipal party or a Zilla Parishad party, in relation to a
councillor and the leader of a Panchayat Samiti party in relation to a member shall furnish with
1 The words “split or” were deleted by Mah. 50 of 2006, s. 5(b).
2 Clause (b) was deleted by Mah. 8 of 1997, s. 2.
3 Section 7 was re-numbered as sub-section (1) thereof by Mah. 1 of 2018, s. 2(a).
4 This portion was substituted for the portion beginning with brackets, letters and words “( ii) in the case of any other
councillor or” and ending with the words “collector shall be final” by Mah. 1 of 2018, s. 2(a).
5 Sub-sections (2) and (3) were added by Mah. 1 of 2018, s. 2(b).
6 This proviso was added by Mah. 37 of 2016, s. 4.
7 Now see the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965.
10 The Maharashtra Local Authority Members’ [1987 : Mah. XX
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regard to any condonation of the nature referred to in clause ( b) of sub-section (1) of section 3 in
respect of such councillor, o r as the case may be, member, the time within which and the
authority to whom such report shall be furnished;
(c) the reports which a political party or aghadi or front shall furnish with regard to
admission to such political party or aghadi or front of any councillors or members and the officer
of the Municipal Corporation, Municipal Council, Zilla Parishad , or as the case may be,
Panchayat Samiti to whom such reports shall be furnished;
(d) the procedure for deciding any question referred t o in section 7 including the procedure
of any inquiry which will be made for the purpose of deciding such question; and
(e) any other matter which is required to be or may be prescribed.
(3) In making rules under this section, the State Government may pro vide that for any breach
thereof, the offender shall on conviction be punished with fine which may extend to one thousand
rupees and in the case of continuing breach with fine which may extend to fifty rupees for every day
during which the breach continues after conviction for the first breach.
(4) Every rule made by the State Government under this Act, shall be laid, as soon as may be
after it is made, before each House of State Legislature, while it is in session, for a total period of thirty
days which may be comprised in one session or in two or more successive sessions, and if, before the
expiry of the session immediately following the session or the successive sessions aforesaid, both
Houses agree in making any modification in the rule or both Houses agree that the rule should not be
made, then on publication of such decision in the Official Gazette, the rule shall have effect only in
such modified form or be of no effect, as the case may be; so, however, that any such modification or
annulment shall be without prejudice to the validity of anything previously done under that rule.
10. Act to have overriding effect, but shall be in addition to existing local authority laws.—
(1) The provisions of this Act and the rules shall have effect notwithstanding anything inconsistent
therewith contained in any other law for the time being in force.
(2) Subject to the provisions of sub -section (1), the provisions of this Act shall be in addition to
and shall not, save as expressly provided hereinbefore, be in dero gation of the provisions of any law
relating to Municipal Corporation, Municipal Council or other local authority concerned.
(3) Notwithstanding anything contained in the foregoing provisions of this section nothing in this
Act shall apply when a Government servant is nominated as a Councillor or a Municipal Council for a
municipal area specified in Part II or Part III of Schedule I to 1the Maharashtra Municipalities Act,
1965 (Mah. XL of 1965), or to any person who holds the office as a member of a Panchayat Samiti by
virtue of his being a Government servant and appointed as Administrator of a co-operative society.
11. Amendment of certain enactments. — The enactments specified in the second column of
the Schedule are hereby amended in the manner and to the extent specified in the third column thereof.
1 Now see the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965.
1987 : Mah. XX] The Maharashtra Local Authority Members’ 11
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SCHEDULE
(See section 11.)
Serial
No.
(1)
Short tile and
Number of enactment
(2)
Amendments
(3)
1 The 1Bombay Municipal
Corporation Act (Bom. III of 1888).
In section 16, after sub -section ( 1), the
following sub-section shall be inserted,
namely :—
“(1A) A pe rson who at any time
during the term of his office is disqualified
under the Maharashtra Local Authority
Members’ Disqualification Act, 1986
(Mah. XX of 1987) for being a councillor
shall cease to hold office as such
councillor.”
2 The 2Bombay Provincial Municipal
Corporations Act, 1949 (Bom. LIX
of 1949).
In section 10, after sub -section ( 1), the
following sub-section shall be inserted,
namely :—
“(1A) A person shall be disqualified
for being a councillor, if such person has, at
any time during the term of his office,
become disqualified under the Maharashtra
Local Authority Members’ Disqualification
Act, 1986 (Mah. XX of 1987) for being a
councillor.”
3 The 3City of Nagpur Corporation
Act, 1948 (C. P. and Berar II of
1950).
In section 19—
(1) after the words “been elected” the
words “or nominated” shall be inserted;
(2) after clause ( a), the following
clause shall be inserted, namely :—
“(a-i) has been disqualified
under the Maharashtra Local
Authority Members’ Disqualification
Act, 1986 (Mah. XX of 1987), for
being a councillor, or”.
4 4The Maharashtra Municipalities
Act, 1965 (Mah. XL of 1965).
In section 16—
(1) After sub-section ( 1), the
following sub-section shall be inserted,
namely :—
1 Now see the Mumbai Municipal Corporation Act.
2 Now see the Maharashtra Municipal Corporations Act.
3 This Act is repealed by the Bombay Provincial Municipal Corporations (Amendment) and the City of Nagpur
Corporation (Repeal) Act, 2011 (Mah. XXIII of 2012), s. 7.
4 Now see the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965.
12 The Maharashtra Local Authority Members’ [1987 : Mah. XX
Disqualification Act, 1987
SCHEDULE—contd.
(1) (2) (3)
“(1A) A person who at any time
during the term of his office is disqualified
under the Maharashtra Local Authority
Members’ Disqualification Act, 1986
(Mah. XX of 1987) for being a councillor
shall cease to hold office as such
councillor.”;
(2) in sub -section (2), after the word,
brackets and figure “sub -section ( 1)” the
words, brackets, figure and letter “or in
sub-section (1-A)” shall be inserted.
5 The Maharashtra Zilla Parishads
and Panchayat Samitis Act, 1961
(Mah. V of 1962).
In section 16, after sub -section ( 1), the
following sub -section shall be inserted,
namely :—
“(1A) A person who at any time
during the term of his office is disqualified
under the Maharashtra Local Authority
Members’ Disqualification Act, 1986
(Mah. XX of 1987) for being a councillor
shall cease to hold office as such
councillor.”