ivil Appeal No 707 of 1978
Appeal by Special Leave from the Judgment and Order dated 2021st March 1978 of the Bombay High Court in SCA No286876
V N Ganpule and Mrs Veena Devi Khanna for the Appellant
V section Desai and M N Shroff for Respondents 1 to 4
Mrs Jayashree Wad for Respondent No 5
The Judgment of the Court was delivered by PATHAK J
This Appeal by special leave is directed against the judgment of the Bombay High Court maintaining an order of the District Court Poona by which the appellant s election as President of the Bhor Municipal Council was set aside on an election petition filed by the respondent
The appellant stood for election to the office of President of the Bhor Municipal Council
He filed his nomination paper on 21st October 1974 and the election was held on 17th November 1974
The appellant was declared elected the next day and the result of the 268 election was published in the Government Gazette on 25th November 1974
The first respondent filed an election petition before the District Court Poona challenging the appellant s election
He alleged that the appellant had been convicted on 26th December 1973 by the Judicial Magistrate Bhor under section 16 of the and sentenced to undergo imprisonment till the rising of the court and to pay a fine of Rs 200 
Accordingly he said by virtue of section 512 read with section 161a of the Maharashtra Municipalities Act 1965 the appellant was not qualified for election as President of the Municipal Council
During the pendency of the election petition the Maharashtra Government made an order under cl
a of sub sl of section 16 Maharashtra Municipalities Act1965 the Act declaring In exercise of the powers conferred by clause a of sub section 1 of Section 16 of the Maharashtra Municipalities Act 1965 the Government is pleased to order that the disqualification incurred by Shri Amrutlal Chunilal Raval resident of Bhor Tehsil Bhor District Poona should remain in force for a period of six months only from his release on 26th December 1973
By order and in the name of the Governor of Maharashtra
sd M N Tadkod Desk Officer
 The election petition was allowed and the election of the appellant was set aside
The appellant filed a writ petition in the Bombay High Court against the order setting aside his election but the writ petition was dismissed by the High Court on 21st March 1978
In this appeal the only point pressed by the petitioner before us is that the order dated 20th November 1975 made by the State Government was retrospective in operation and consequently removed the disqualification imposed on the appellant on the date he filed his nomination paper
Sub s2 of section 51 of the Act provides that every person qualified to be elected as a Councillor under section 15 shall be qualified for election as President
Sub s1 of sl5 of the Act provides that every person whose name is included in the list of voters maintained under s11 and who is not disqualified for being elected a Councillor under this 269 Act or any other law for the time being in force shall be qualified A and every person whose name is not included in the list or who is so qualified to be elected as a Councillor at any election
Section 161 a of the Act provides 16
1 No person shall be qualified to become a Councillor whether by election co option or nomination who a has been convicted by a Court in India of any offence the maximum punishment for which with or with out any other punishment is imprisonment for a term of two years or more and sentenced to imprisonment for any term unless a period of five years or such lesser period as the State Government may allow in any particular has elapsed since his release or xx xx xx xx xx  The appellant was convicted on 26th December 1973 for an offence under the of Food Adulteration Act which
it is not disputed fell within the terms of cla of sub sl of s16
He was sentenced to imprisonment until the rising of the court
Because of the conviction and sentence he suffers the disqualification contemplated by cla and the disqualification enures for a period of five years from the date of his release from imprisonment
But by virtue of the same clause the State Government has been empowered to substitute a shorter period of disqualification
In other words
the ordinary run of the clause may be altered by the State Government
A modification of the normal operation of the statute is contemplated
Such a modification to be retrospective
must indicate clearly that it is so
There is nothing in the order dated 20th November 1975 from which it can be inferred that it has retrospective operation
What it says merely is that the disqualification incurred by the appellant shall remain in force for a period of six months only from his release on 26th December
The disqualification was incurred by the appellant on 26th December 1973 and the disqualification was in force when he stood for election
The date when the disqualification for five years was incurred is the relevant date the subsequent operation is merely the consequence of the incurring of the disqualification
In the order was to be beneficial to the appellant it should have been made retrospective from the date when the disqualification was incurred
On the plain language
it must be read as an order reducing the period of disqualification to six months but to be applied to a disqualification arising after the date when the order was made
270 A In our opinion the appellant does not benefit from the order the State Government insofar as his election as President in 1974 is concerned
In the circumstances we consider it unnecessary to go into the question whether the State Government has the power under cl
a to make an order with retrospective effect
ln the result the appeal is dismissed with costs to the fifth respondent
NVK Appeal dismissed


Summary:
The Maharashtra Municipalities Act 1965 by sub section 2 of section 51 provides that every person qualified to be elected as a Councillor under section 15 shall be qualified for election as President
Section 161a provides that no person shall be qualified to become a Councillor whether by election co option or nomination if he had been convicted by a Court for any offence the maximum punishment for which is imprisonment for a term of two years or more and sentenced to imprisonment for any term unless a period of five years or such lesser period as the Sate Government may allow has elapsed since his release
The appellant stood for election to the office of President of the Municipal Council filed his nomination paper on 21st October 1974 and was declared elected at the election held on 17th November 1974
The first respondent filed an election petition before the District Judge challenging the election alleging that the appellant had been convicted on 26th December 1973 nuder section 16 of the and sentenced to undergo imprisonment till the rising of the court and to pay a fine of Rs 200 and that by virtue of section 512 read with section 161a of the Act the appellant was not qualified for election as President of the Municipal Council
During the pendency of the election petition the Sate Government made an order dated 20th November 1975 under clause a of sub section 1 of section 16 declaring that the disqualification incurred by the appellant should remain in force for a period of six months only from his release on 26th December 1973 
The District Judge allowed the election petition and the election of the appellant was set aside
The appellant filed a writ petition which was dismissed by the High Court
In the appeal to this Court it was contended that the order dated 20th November 1975 made by the State Government was retrospective in operation and consequently removed the disqualification imposed on the appellant on the date he filed his nomination paper
267 Dismissing the appeal  HELD  1  The appellant does not benefit from the order of the State Government insofar as his election as President in 1974 is concerned
270 A 2 By virtue of clause a of sub section 1 of section 16 the State Government had been empowered to substitute a shorter period of disqualification
A modification of the normal operation of the statute by the State Government is contemplated
Such Q modification to be retrospective must indicate clearly that it is so
269 E F In the instant case disqualification was incurred by the appellant on 26th December 1973 when he was convicted and sentenced and the disqualification was in force when he stood for election
The date when the disqualification for five years was incurred is the relevant date the subsequent operation is the consequence of the incurring of the disqualification
If the order was to be beneficial to the appellant it should have been made retrospective from the date when the disqualification was incurred
On the plain language it must be read as an order reducing the period of disqualification to six months due to be applied to a disqualification arising after the date when the order was made
296 G H