TUKARAM GANPAT KALE Vs. ANKUSH KONDIBA JADHAV

JUDGEMENT

(1.) By this petition under Articles 226 and 227 of the Constitution of India, the petitioners challenge an order dated 2 nd June 2011 of the Collector, Pune by which it has been declared that each of the petitioner stands disqualified as Member of Panchayat Samiti, Indapur under section 3(1)(b) of the Maharashtra Local Authority (Members Disqualification) Act, 1986 (the Act for short) and the Maharashtra Local Authority (Members Disqualification) Rules, 1987 (for short Rules).

(2.) Respondent No.1 to this petition is also a Councillor of the Panchayat Samati. The Panchayat Samiti is constituted under the provisions of the Maharashtra Zilla Parishad and Panchayat Samiti's Act, 1961. It is the case of the petitioners that they are elected as Councilors of respondent No.2 on 23 rd February 2007. Respondent No.1 claims that meeting of the party took place on 12 th March 2007 at which he was elected as party leader and was authorised to prepare and issue whip. It is the case of first respondent that the party was formed on 12 th March 2007. The election to the office of Chairman and Vice Chairman to respondent No.2 Panchayat was declared on 19 th November 2009. The election was to be held on 27 th November 2009. Petitioner No.1 filed his nomination for the post of Chairman. The respondent No.1 was also desirous of contesting election and, therefore, he also filed his nomination. In the election held on 27 th November 2009, the petitioner No.1 was elected as Chairman by majority of 8 : 6 votes. One Kantilal Borade was elected as Vice Chairman by similar margin of votes. It is the case of the first respondent that he had issued a whip under the authority derived by him and, therefore, petitioners were obliged to vote for him. Having not voted and abided by the whip issued by the party, the petitioners have incurred disqualification under the provisions of the Act. He, therefore, filed a petition being Reference Petition No.52 of 2009 to disqualify the petitioners.

(3.) In terms of the statutory provisions, the Authority to whom such a petition can be made and who can decide it, is Collector of the district. Accordingly, the petition was filed before the Collector and it was urged that the petitioners and respondent No.1 belong to same political party i.e. Indian National Congress. They are members of the Indian National Congress, Indapur Panchayat Samati Party (for short P.S.Party).