2016 (5) ABR 517 ::(2016) 6 Mah LJ 165

Bombay High Court

Hon'ble Judge(s): Sunil P. Deshmukh , J

(A) Maharashtra Local Authority Member's Disqualification Act (20 of 1987) S. 2 (e), 3 (1) (b) — Disqualification — Councillors of Nagar Panchayats — Councillors resigning their political party and forming different aghadi — Voting in favour of no confidence motion in defiance of whip issued by their political party — Local authority as per S 3 (1)(b) does not include Nagar Panchayat — Councillors of Nagar panchayats are not covered by penal provisions of S 3 — Hence councillors of Nagar Panchayat would not incur disqualification Under part IX A of the Constitution of India, municipality means an institution of self government constituted under Article 243Q. Article 243Q (1)(a) speaks of a nagar panchayat for a transitional area from rural to urban. Article 243Q (1)(b) refers to that municipal council would be for a smaller urban area and article 243Q (1)(c) to that a municipal corporation for a larger urban area. Thus, under the scheme, three municipalities have been contemplated viz; nagar panchayat, municipal council and municipal corporation depending upon the nature and sizes of the areas. Under Constitutional provisions municipal council has been referred to specifically for a smaller urban area and Nagar Panchayat is with reference to a transitional area from rural to urban. As such, it is a transformed area into smaller urban from rural may be able to acquire the status of municipal council, as considere....