BALAJI GANESHRAO BACCHEWAR Vs. LAXMAN GANESHRAO TAHKKARWAR

JUDGEMENT

(1.) By this Petition, the petitioner challenges the order of disqualification rendered by the learned Collector, Nanded, under section 3(1 )(a) of the Maharashtra Local Authority Members Disqualification Act, 1986 (For short "MLAMD Act").

(2.) The petitioner contested the general elections for Zilla Parishad Nanded from Barbada constituency. He was elected as a Councilor of Zilla Parishad, Nanded. There is no dispute about the fact that he was member of Bharatiya Janata Party (B.J.P.) prior to his such election and was elected as a candidate fielded by the B.J.P. for the Zilla Parishad elections. Lateron, elections for the Legislative Assembly were declared. Allegedly, the District President of the B.J.P. on 25.9.2009 issued a whip to the effect that all the elected members of the B.J.P. shall support the recognized candidate who was fielded from 89th Naigaon M.L.A. Constituency. Admittedly, the petitioner filed his candidature vide nomination form dated 25.9.2009 as a candidate for 89th Naigaon M.L.A. Constituency on ticket of "Jansurajya Shakti Party" a recognized political party. Though there is dispute about due service of the whip and the legal authority of the person who issued the whip, yet there is no dispute regarding the fact that the petitioner had contested the Legislative Assembly elections in the month of September, 2009 as a candidate fielded by the "Jansurajya Shakti Party".

(3.) The respondent no. 1 filed an application seeking declaration that the petitioner was disqualified to continue himself as elected member of the Zilla Parishad. The petitioner disputed the maintainability of the application on various grounds and chiefly on the ground that the application was not duly verified as per the procedure. He raised preliminary issue regarding the maintainability of the application on technical grounds of noncompliance of the rules which required due verification of the application and attestation thereof. The petition was however proceeded with. The learned Collector by order dated 3.8.2000, set out the issues involved in the matter.