VIRENDRASING Vs. ADDITIONAL COMMISSIONER

JUDGEMENT

(1.) The Factual Scenario : The appellant was elected as a member of the Zilla Parishad, Chimthane Block, Taluq Shindkheda, District Dhule, on 8/1/2020, as the candidate of a recognized party. However, he was disqualified from this position by an order dtd. 8/11/2021 passed by the Divisional Commissioner, Nashik, which came in a petition filed by respondent no.3, who had lost the Zilla Parishad election.

(2.) Respondent no.3 had filed the aforesaid petition under Ss. 40 and 16(1)(i) of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 (hereinafter referred to as 'the said Act'). Respondent no. 3 claimed the appellant's disqualification on the basis that the appellant had misused his elected post with the object of gaining undue personal financial benefit. This financial benefit is stated to have accrued on account of the role played by the appellant in passing of a resolution dtd. 26/1/2020, whereby the Aarave Gram Panchayat sanctioned the repairing and tarring of a road from Aarave Phata to Mauje Aarave. Thereafter, the Zilla Parishad, Dhule, of which the appellant was a member, granted administrative sanction to the project on 5/6/2020. This sanction order records that the Zilla Parishad, Dhule had approved the project at a cost of Rs.15.00lakhs, through the exercise of the Zilla Parishad's powers under Sec. 125 of the said Act.

(3.) Pursuant to the sanction, an e-tender was floated by the Aarave Gram Panchayat on 29/6/2020. The appellant's son applied and was successful in the tender process against two other applicants. Thereafter, the Aarave Gram Panchayat issued a work order to him on 21/7/2020 for repairing the road at Mauje Aarave for a sum of Rs.14,62,871.00.