Illegal construction councillor will attract disqualification said HC

Illegal or unauthorized construction established by a councillor, partner or dependent before being elected as a councillor will attract disqualification, while a full bench comprising Justice Z. Haq, Justice Vinay Deshpande and Justice Amit Borker announced the verdict while raising the standard expected from elected representatives.  Urban Local Self Government Institutions. 

 

While dealing with the dilemma of whether the illegal construction carried out before the election would lead to disqualification of the corporate, the bench commented that the illegal construction of elected representatives of the ULBs before the election would lead to disqualification. Justice Haq also ruled that the elected councillor could not be subjected to severe disciplinary action for disqualification for unauthorized construction that had not been undertaken by his partner or dependent.  The issue was raised in a petition filed by Thilothama Sanjay Kinkhede, who lost the NMC elections from Ward No. 14-D, against Pragati Ajay Patil. 

 

Disqualified under Section 10 (1) (d) on charges of illegal construction.  Using Section 12 of the Maharashtra Municipal Corporation Act.  Patil claimed that the extra production was done by a manufacturer.  The Municipal Commissioner had referred the matter to the General Body before the complaint was referred to the Civil Court.

 

 

 Due to the conflicting views of the two divisional benches, a councillor appointed by a councillor before being elected as a councillor to refer the matter to a larger bench to determine whether the term 'constructed' as used in Section 16 (1D) of the BMC Act and Section 10 (1D) of the MMC Act has been used.  Include construction.  The purpose behind this law is to prevent tents of illegal construction.  The corporation, which is legally obliged to ensure this, but has failed miserably to inspect it, cannot be seen to be protecting such activities if it is found to have been committed by such elected representatives.

 

 

 

Prior to the acquisition of such property, the High Court had interpreted the term "constructed" to include the illegal / unlawful construction of a councillor, partner or his dependent.  The High Court held that Section 12 of the Maharashtra Municipal Corporation Act, 1949 does not give the Municipal Commissioner any power to act directly and to refer himself to the Senior Judge Senior Division.  The Municipal Commissioner shall refer to the Senior Division of the Civil Judge only at the request of the General Body of the Municipal Corporation.  The High Court held that any aggrieved person could raise the issue of disqualification of an elected representative on the basis of unlawful construction.  Senior Councillor MG Bhangde, Adv.  Bhushan Mohta (Patil).