Supreme Court of India · 1998-04-29
D M BAWALEKAR vs PANDURANG D PARTE
- Citation / case number
- SC 1997/6340
- Court
- Supreme Court of India
- Petitioner
- D M BAWALEKAR
- Respondent
- PANDURANG D PARTE
- Author
- Rajendra Babu
- Bench
- S. RAJENDRA BABU S.C. AGRAWAL
Judgment text excerpt
The Supreme Court held that the formation of an Aghadi by independent councillors after their election constitutes a voluntary giving up of their independent status, thus attracting disqualification under Section 3(1) of the Maharashtra Local Authority Members’ Disqualification Act, 1986. The Court affirmed the High Court's ruling that such councillors, having formed an Aghadi and issued a whip, are deemed to belong to a political front, leading to their disqualification. Consequently, the election of the President based on this Aghadi's nomination was upheld.