- (1.) Leave granted in S. L. P. C. No. 21085 of 1998. In all these appeals the controversy arising for decision is whether certain members of the municipal council have incurred disqualification on ground of defection.
(2.) The Maharashtra Local Authority Members' Disqualification Act, 1986 (Act No. 20 of 1987) (hereinafter the Act, for short) was enacted to provide for disqualification of members of certain local authorities on the ground of defection and for matters incidental and connected therewith. In exercise of the powers conferred by Section 9 of the Act, the Government of Maharashtra has framed the Rules known as the Maharashtra Local Authority Members' Disqualification Rules, 1987 (hereinafter 'the Rules', for short).
(3.) We will refer to a few relevant provisions from the Act and the Rules insofar as are necessary for the purpose of the appeals before us. Section 2 is the interpretation clause. The relevant definitions are as under:- 2. In this Act unless the context otherwise requires,- (a) "aghadi" or "front" means a group of persons who have formed themselves into party for the purpose of setting up candidates for election to a local authority; xxx xxx xxx xxx (e) "local authority" means - (i) a Municipal Corporation, (ii) a Municipal Council; (iii) a Zilla Parishad; or (iv) a Panchayat Samiti; xxx xxx xxx xxx (i) "Municipal Party", in relation to the councillor belonging to any political party or aghadi or front in accordance with the Explanation to section 3, means - (i) in the case of a councillor of a Municipal Corporation, the group consisting of all councillors of the Municipal Corporation for the time being belonging to that political party or aghadi or front in accordance with the said Explanation; (ii) in the case of a councillor of a Municipal Council, the group consisting of all the councillors of the Municipal Council for the time being belonging to that political party or aghadi or front in accordance with the said Explanation; (j) "original political party", in relation to a councillor or a member, means the political party to which he belongs for the purposes of sub-section (1) of Section 3. 3. Disqualification on ground of defection. (1) Subject to the provisions of Sections 4 and 5, a councillor or a member belonging to any political party or aghadi or front shall be disqualified for being a councillor or a member - (a) if he has voluntarily given up his membership of such political party or aghadi or front; or (b) if he votes or abstains from voting in any meeting of a Municipal Corporation, Municipal Council, Zilla Parishad or, as the case may be, Panchayat Samiti contrary to any direction issued by the political party or aghadi or front to which he belongs 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 or abstention has not been condoned by such political party or aghadi or front, person or authority within fifteen days from the date of such voting or abstention : Provided that, such voting or abstention without prior permission from such party or aghadi or front, at election of any office, authority or committee under any relevant municipal law or the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 shall not be condoned under this clause; Explanation.- For the purpose of this section - (a) a person elected as a councillor, or as the case may be, a member shall be deemed to belong to the political party or aghadi or front, if any, by which he was set up as a candidate for election as such councillor or member; (b) a nominated or co-opted councillor or member shall- (i) Where he is a member of any political party or aghadi or front on the date of his nomination, or as case may be, co-option as such councillor, or as the case may be, member be deemed to belong to such political party or aghadi or front, (ii) in any other case, be deemed to belong to the Political Party or aghadi or front of which he becomes, or as the case may be, first becomes a member of such party or aghadi or front before the expiry of six months from the date on which he is nominated or co-opted as such councillor, or as the case may be, member; (c) a "nominated member", in relation to a Panchayat Samiti, includes an associate member, referred to in clause (c) of sub-section (1) of section 57 of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961. (2) An elected councillor, or as the case may be, member who has been elected as such otherwise than as a candidate set up by political party or aghadi or front shall be disqualified for being a councillor, or as the case may be, a member if he joins any political party or aghadi or front after such election. (3) A nominated or co-opted councillor, or as the case may be, member shall be disqualified for being a councillor, or as the case may be, if he joins any political party or aghadi or front after the expiry of six months from the date on which he is nominated or co-opted as such councillor, or as the case may be, member. (4) Notwithstanding anything contained in the foregoing provisions of this section a person who on the commencement of this Act, is a councillor, or as the case may be, a member (whether elected or nominated or co-opted as such councillor or member) shall- (a) where he was a member of a political party or aghadi or front immediately before such commencement, be deemed, for the purposes of sub-section (1), to have been elected as a councillor, or as the case may be, a member as a candidate set up by such political party or aghadi or front; (b) in any other case, be deemed to be an elected councillor, or as the case may be, member who has been elected as such otherwise than as a candidate set up by any political party or aghadi or front for the purpose of sub-section (2), or as the case may be, be deemed to be a nominated or co-opted councillor, or as the case may be, a member for the purpose of sub-section (3). (emphasis supplied);