Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Maharashtra Local Authority Members’ Disqualification Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Maharashtra Local Authority Members’ Disqualification Act, 1986 – Maharashtra Local Authorities Members Disqualification Rules, 1987 – Selection of Gatneta (Group Leader/Party Leader) of INCPS Party – Appellant and respondent nos.3, 4 and 5 formed a ‘Panchayat Samiti Party’ in the name of INCPS Party – In the year 2017, the First meeting of INCPS Party was held, presided by the then President of District INC Party and in the said meeting appellant was elected as Party Leader of INCPS Party – It was also decided in the meeting that the District President of INC Party will have the power to change the Party Leader – In the year 2019, a complaint was filed by the respondent nos.3 to 5 against the appellant that in her tenure she had not taken members of the INCPS Party in confidence – In the year 2020, meeting was held presided by the District INC Party President and unanimous decision was taken to remove the appellant from the post of Party Leader and respondent no.3 was appointed as a new Party Leader – Then in the election to the post of Chairman and Vice-Chairman of the Shrirampur Panchayat Samiti was held on 07.01.2020 and the appellant was elected as the Chairman – Earlier, two separate whips were issued in the INCPS Party – One by respondent no.3 with directions that she was given candidature for the post of Chairman and another whip was issued by the appellant directing INCPS Party members that she herself was standing for Chairman – In the election of the Chairman, except appellant all the party members of INCPS voted against the appellant – It was alleged that appellant was elected with the support of rivals – Disqualification petitions were filed by both appellant and respondent no.3 against each other – The District Collector approved appointment of respondent no.3 as Party Leader – Writ Petition by appellant – Writ petition was dismissed by the High Court – On appeal, held: Same procedure was followed in appointing the appellant and in her removal – In both the decision making process, the meeting was chaired by the District Party President – Also, the resolution of the first meeting itself provided that in event of a decision to change Party Leader, the District President will retain all his powers – So, appellant cannot be heard to make grievance as regard the procedure which was followed to remove her – When appellant was appointed she enjoyed the support of all the members of INCPS Party – However, she chose a different path and lost the support of the majority – The Act and Rules are there to prevent horse-trading and maintain purity in the political system but, same cannot be interpreted in a manner that one person will thrust himself/herself upon other members who are in majority – Appellant chose to contest election of the Chairman of the Panchayat Samiti with the support of the rival group – No reason to interfere with the view taken by the High Court. |
Judge | Hon'ble Mr. Justice Bhushan Ramkrishna Gavai |
Neutral Citation | 2021 INSC 434 |
Petitioner | Sau. Sangeeta W/o Sunil Shinde |
Respondent | The State Of Maharashtra And Ors. |
SCR | [2021] 11 S.C.R. 623 |
Judgement Date | 2021-09-01 |
Case Number | 5059 |
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