SAHEBRAO Vs. COLLECTOR JALNA

JUDGEMENT

(1.) Rule. Rule returnable forthwith. Heard by consent of learned counsel for the parties at the stage of admission.

(2.) The petitioners who are the members of Municipal Council, Ambad, are raising exception to the order passed by the District Collector, Jalna, holding them disqualified to continue as the members of Municipal Council, in view of the provisions of the Maharashtra Local Authorities Members Disqualification Act 1987 (hereinafter referred to as the "Disqualification Act").

(3.) The general elections of the municipal council were held in the year 2006. The petitioners herein are the elected member of municipal council belonging to Nationalist Congress Party. Initially the President of the Municipal Council, Ambad, was elected for a period of two and half years. The said period came to an end in the year 2009 and the election for remaining term of the Presidentship was held on 20.06.2009. At the elections, one Mrs. Sulbha Kulkarni belonging to Congress Party as well as the petitioner No. 3 were elected as President and Vice President respectively. The respondent Nos. 2 and 3, who are also members of the municipal council belonging to Nationalist Congress Party presented a petition as contemplated U/Sections 3 of the "Disqualification Act" read with Rule 6 of the Members Disqualification Rules to the Collector, Jalna. It is contended by the petitioners that, the petitioners have voted contrary to the whip issued by the group leader as well as the District President of the Nationalist Congress Party and as such, have incurred disqualification within meaning of provisions of the "Disqualification Act". It is stated in the petition that Mr. Ankushrao Tope is the District President of the Nationalist Congress Party. There are ten members belonging to Nationalist Congress Party elected as the members of municipal council. All the elected member of municipal council including the petitioners herein are the members of municipal party formed and registered in accordance with provisions of Act and rules. The Nationalist Congress Party had declared the candidature of one Smt. Jayshree Sodani and Sahebrao Narayan Kharat, the petitioners herein for the post of President and Vice President respectively. The respondent No. 2 being the group leader of the municipal party was authorized to issue whip mandating the members of the municipal party to vote at the elections in favour of the party nominee. The whip was accepted by seven members, however, as the petitioners herein were not found at their respective houses and the family members of the petitioners refused to accept the whip, the same was affixed on the front door of the respective houses of the petitioners and panchanama was recorded on 14.06.2009. It is also further contended that, with a view to make the petitioners aware of the directives of the party, the whip was also published in the daily news paper Sakal on 20.06.2009. It is further contended in the petition that prior to commencement of the meeting for election of President and Vice President of the municipal council, the group leader, respondent No. 2 herein tried to serve the whip on the petitioners, however, they refused to accept and further stated that they are not bound to obey the whip. This incident is stated to have been video graphed. In the elections held for electing the President and Vice President of the municipal council, petitioners have voted contrary to the directives of the party and disobeyed the whip, as a result of which the nominee of the Nationalist Congress Party at the election has suffered defeat. It is further stated in the petition that the lapse on the part of the petitioners has not been condoned by the party and as such, they have incurred disqualification within meaning of provisions of the "Disqualification Act".