SHILPA SUBHASH DHUNDUR Vs. RATNAGIRI NAGAR PARISHAD

JUDGEMENT

(1.) THE petitioner is an elected Councillor of Ratnagiri Municipal Council. Admittedly, she was elected on the ticket of Bhartiya Janta Party. One Pramod Manohar Redij the group leader of Bhartiya Janta Party in respect of group of Councillors of the said party in Ratnagiri Municipal Council, made an application in the Collector under section 7 of the Maharashtra Local Authority Member Disqualification Act, stating that the petitioner has incurred disqualification on the ground of defection as per section 3 of the said Act.

(2.) SECTION 3 provides that a Councillor or a member belonging to any political party or aghadi or front shall be disqualified from being a Councillor or a member inter alia if he votes or abstains from the voting in any meeting of the Municipal Council contrary to any direction issued by the political party or aghadi or front to which he belonged or by any person or authority authorised by any of them in this behalf without obtaining in either case, the prior permission of such political party or aghadi or front person or authority and such voting has not been condoned by such political party or aghadi or front person or authority within 15 days from the date of such voting.

(3.) THE Counsel pointed out that the petitioner voted against the direction of the party in the meeting held on 31st October, 1997 of the Ratnagiri Municipal Council and she voted in favour of two resolutions against the direction by the political party and as such, by virtue of provisions of section 3 of the Act, she has become disqualified. It was pointed out that in fact there was a meeting of the Ratnagiri Municipal Council on 28th October, 1997 and the Bhartiya Janata Party took a decision that if any voting takes place by Councillors belonging to party to vote against the resolutions. Such direction was to be communicated to all the Councillors by one Avinash Satam who is the Vice President of the City Unit of Ratnagiri City of Bhartiya Janta Party and one Sachin Wahalkar who is the Secretary of the said City Unit. The aforesaid Pakshadesh (WHIP) was communicated to all the Councillors. When aforesaid two persons went to the petitioner for serving the Whip on her on 26th October, 1997, she refused to accept the same and therefore, party was required to publish the Whip by publishing the same in daily Ratnagiri Times in its issue on 27th October 1997. Though some meeting was held on 28th October, 1997, ultimately upon the complaints of several Councillors the Collector cancelled the proceedings and directed the President of Ratnagiri Municipal Council to hold a fresh meeting within twenty days.