KUMAR GORAKHNATH SHINDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The question this larger Bench is called upon to answer is whether a councillor who has contested the elections of a Municipal Council as an independent candidate and has formed/become part of an Aghadi registered pursuant to the second Proviso to Sec. 63(2B) of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 is governed by Sec. 3 of the Maharashtra Local Authority Members' Disqualification Act, 1986 for all purposes for all meetings as a member of such Aghadi till the term of the Council, or such an Aghadi is for a restricted purpose such as only for subject committees. Reference is made by the single judge of this Court doubting the correctness of the decision of the Full Bench of this Court in the case of Shah Faruq Shabir and Ors. vs. Govindrao Ramu Vasave and Ors.,(2016) 5 Mh.L.J. 436. holding that the Aghadi registered under second Proviso to Sec. 63(2B) is for a restrictive purpose. Thus, the crux of the matter is whether the Aghadi under Sec. 63(2B) is intended for specific or all-encompassing purposes. The resolution of this dispute hinges on the interpretation of the above statutory provision.

(2.) The relevant statutory framework under consideration are the provisions from the Maharashtra Local Authority Members' Disqualification Act 1986 (The Disqualification Act); the Maharashtra Local Authority Members' Disqualification Rules 1987. (The Disqualification Rules); the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 (Municipalities Act), and Maharashtra Municipal Corporations (Qualifications and Appointment of Nominated councillors) Rules 2006-07.

(3.) The Disqualification Act received the assent of the Governor on 28/7/1987. The object of the Act is to curb defections and disqualify members of certain local authorities on the grounds of defection and related matters. Sec. 2(a) of the Disqualification Act defines an Aghadi as a group of persons who have formed themselves into a party to set up candidates for election to a local authority. The Municipalities Act is structured to provide a uniform pattern of administration and powers for Municipalities. Sec. 63 of the Municipalities Act falls under Chapter 3, which deals with the election and removal of the President and Vice President and their governing functions. Each Subject Committee of the Council consists of such number of councillors as the Council may determine. The Collector calls a special meeting of the Council to determine the number of members for each of the Subject Committees. In nominating the councillors, the Collector considers the relative strength of recognised parties or registered parties. It will be appropriate to reproduce the second Proviso to Sec. 63(2B) of the Municipalities Act at this stage.