Election disqualification matters: even if any dependent or spouse would do unauthorised construction of the councillor family, the Councillor shall be liable for disqualification; SC.

Supreme Court of India

Justice K M Joseph

In the case titled as "Sampada Yogesh Waghdhare vs State of Maharashtra and others", the Supreme court was seized of the issue about the disqualification of the Councillor in Maharashtra for unauthorised construction raised by the husband of the Councillor.

The Supreme Court of India upheld the order of the collector, appellate authority; and high court in writ jurisdiction, whereby the Councillor was disqualified. It was held by the SC that as per first limb of Section 44 (1) (e) of the relevant act it is clear that even if any dependent or spouse would do unauthorised construction of the councillors family, even without his knowledge, then, he shall be liable for disqualification.

It was further held as vires of the said provisions were not challenged the Supreme Court of India would not go into the question whether the said provision is valid or not, or whether it is unreasonable.

The Supreme Court upheld the disqualification of the Councillor in Maharashtra as husband of the Councillor had carried out unauthorised construction, without the permission of competent authority. The Appeal was dismissed.