When Nashik TCS case accused Nida Khan was apprehended on May 7 from a property allegedly owned by AIMIM corporator Matiin Patel in Chhatrapati Sambhaji Nagar, it set off a chain of consequences for the first-time corporator.
The Chhatrapati Sambhaji Nagar Municipal Corporation has since issued him a notice over alleged illegal constructions, and the city’s mayor has warned that Patel could lose his seat. The case has drawn attention to a little-discussed aspect of Maharashtra’s civic law, that winning an election is no guarantee of finishing a term. Under the Maharashtra Municipal Corporations Act, elected corporators can be disqualified, removed or forced to vacate office on more than a dozen grounds, from illegal construction and criminal convictions to unpaid civic dues, conflicts of interest and even not having a toilet at home. The Indian Express explains:
Q: Can a corporator be disqualified after winning an election?
A: Yes. Under Section 10 of the Maharashtra Municipal Corporations Act, disqualification can occur before elections, immediately after elections or at any point during a corporator’s term. The grounds are wide-ranging:
Criminal conviction: A corporator can lose eligibility upon conviction for offences under Section 153A of the IPC (promoting enmity between groups) or Section 505 (statements creating public mischief), or for offences involving “moral turpitude,” a term courts have interpreted to include dishonesty, fraud, corruption, cheating and sexual offences.
Illegal construction: A corporator can lose office if they, their spouse or a dependent constructs an illegal structure, assists unauthorised construction or obstructs demolition action, including through written communication or indirect assistance.
Financial interest in civic contracts: A corporator cannot have any direct or indirect share or interest in contracts or employment with the corporation. The provision is meant to stop elected representatives from using office for personal business gain.
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Certain professions: The Act disqualifies licensed surveyors, architects, engineers, structural designers, clerks of works, plumbers and members of firms involving such professionals. Since municipal corporations regulate building permissions and civic infrastructure, these professions create direct conflicts of interest.
Holding a corporation office: A corporator cannot simultaneously hold a salaried or financially beneficial position under the same municipal corporation.
Unpaid civic dues: Failure to clear dues owed to the corporation, including property tax, water charges and licence fees, within three months of notice can result in disqualification.
Two-child rule: A corporator with more than two children can be disqualified, though exceptions exist for children born before the amendment, multiple births and adopted children.
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Simultaneously holding legislative office: A corporator who becomes an MLA or MP must vacate their civic seat.
No toilet at home: The law requires a certificate confirming the corporator has and uses a toilet at home, or regularly uses a public or community toilet, as part of sanitation reforms.
Misconduct: The State Government can remove a corporator for misconduct, disgraceful conduct or abuse of office, which can include corruption, improper behaviour or actions that undermine the dignity of the position.
Prolonged absence: Under Section 11, a corporator ceases to hold office after three successive months of absence from corporation meetings without approval, or six successive months for any reason whatsoever.
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Importantly, a corporator is not automatically disqualified the moment a complaint is filed. The Act states that disqualification takes effect only after an inquiry is conducted and a ruling is issued.
Q: On what specific ground does Matiin Patel face disqualification?
A: Patel faces action under the illegal construction provisions of the Act. The law states that a corporator can lose office if they construct illegal structures, if their spouse or dependent is involved in illegal construction, if they assist unauthorised construction or if they obstruct demolition action. Crucially, Patel is not facing disqualification for allegedly harbouring Nida Khan. The charge that could cost him his seat is specifically that two of his properties, the house in Kausar Baug where Khan was allegedly staying and an office in the same locality, were found to be illegally constructed, either partially or fully. Under the Act, that alone is sufficient ground for removal.
Q: What happens now?
A: The Chhatrapati Sambhaji Nagar Municipal Corporation served Patel a notice on May 9, giving him three days to respond. If his reply is found unsatisfactory, the AMC has said it will proceed with demolition of the properties. On the question of disqualification, Mayor Sameer Rajurkar has said the decision will be taken by the House and the municipal commissioner. Patel has approached a local court seeking 15 days to respond to the notice and has asked for a stay on any coercive action. That matter is expected to come up for hearing on Tuesday.
