Nagpur: The Nagpur bench of Bombay high court on Tuesday ruled that illegal or unauthorized construction by municipal councillor/corporator or spouses before being elected would attract disqualification as per Section 10(1D) of the Maharashtra Municipal Corporations Act, 1949.
A full bench led by Justice Zaka Haq, Justice Vinay Deshpande and Justice Amit Borkar, however, made it clear that the councillor/ corporator can’t be subjected to any disqualification for such construction made by third person.
While hearing a plea filed by Tilottama Kinkhede against Pragati Ajay Patil challenging the latter’s victory in 2017 NMC polls from Prabhag 14-D, the HC made it clear that municipal commissioner doesn’t have any power to directly make a reference to the civil court in case complaint is filed regarding illegal construction by corporator, respondent’s counsel Bhushan Mohta told TOI.
“If any representation is received by the commissioner, he is required to place it before NMC’s general body, which shall consider the matter in its own wisdom,” said the judges.
The bench categorically held that the elected councillor can’t be subjected to extreme penal action of disqualification for illegal or unauthorized construction not undertaken by him/her, spouse or dependant.
“The expression “has constructed” in the MMC Act would include only those illegal or unauthorized construction that are made by the councillor /corporator, his/her spouse or dependant, irrespective of the fact whether they are made before or after acquisition of the property. The emphasis is on the person who has made that construction,” the bench held.