MIRZA KADIR BAIG RASUL BAIG Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) BY this writ petition the petitioner challenges the order passed by the Collector, Parbhani, in File No. 2000-MVN-1-P-CR-5, dated 10-9-2002. In order to appreciate the points involved in this petition, following undisputed facts are required to be noted and appreciated.

(2.) THE petitioner-Mirza Kadir Beg s/o Rasul Beg was elected from zone No. 7-C of Jintoor City as a councillor of Municipal Council, Jintoor (hereinafter referred to as Council). It is also not disputed that the petitioner was one of the candidates who was sponsored by the Indian National Congress (I) Party (hereinafter referred to as the party), a recognized party at State and National level. The elections were declared under the provisions of Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965. In the said elections, apart from the party, other recognized parties such as Nationalist (Congress) Party, B. J. P. and Shivsena, etc. also sponsored their respective candidates. It is also not disputed that the Council consists of 21 members and on declaration of results of the said elections, which took place on 3-12-2001, 11 councillors sponsored by the party declared elected and ten from Nationalist Congress Party were declared elected. It is not disputed that candidates elected pursuant to the said elections are subjected to and covered by Maharashtra Local Authority Members Disqualification Act, 1986 (hereinafter referred to as the Act for short) and Maharashtra Local Authority Members (Disqualification) Rules, (hereinafter referred to as the Rules).

(3.) ON completion of elections, there arose a question to elect Vice President of the Council and also members of the Standing Committee. A meeting for that purpose was held on 17-12-2001. It has come on record and it is alleged that in the said meeting, the petitioner, in defiance of a whip issued by the party leader, voted against the candidate sponsored by the Congress (I) Party. It has come on record that after election as per the Rules the name of councillor sponsored by the party, as required under Rule 3 (1) (a) was intimated and the said intimation was issued on 5-1-2002 under signature of one Shri Bhambale Vijay Manikrao. It has come on record that in the election of Vice President, the candidate sponsored by the party, Mr. Deshmukh Pratap Vinayak was defeated and it was case of the petitioner i. e. respondent No. 4 herein that present petitioner has voted against the party candidate in the said election. The said election was held on 17-12-2001. Defiance of whip by the petitioner gave rise for the respondent No. 4 to approach the Collector by making a reference as provided under section 7 of the Act.