R KANNIMUTHU Vs. RAJENDRAN

JUDGEMENT

(1.) THIS civil revision has been preferred against the order of the Principal Civil Judge, Chengalput , dated 27. 3. 2001 made in O. P. No. 118 of 2001, in and by which, the Court below allowed the O. P. preferred by the first respondent herein and thereby declared that the petitioner was disqualified to hold the Office of the President of the second respondent town panchayat.

(2.) ACCORDING to the first respondent, the petitioner who was elected as Chairman of the second respondent Panchayat in the year 1996, awarded to himself five contracts worth several lakhs in the name of the third respondent who is his own dependant son and thus acquired interest in subsisting contracts relating to the second respondent which disqualified him to continue to hold the office of the President of the second respondent by virtue of Section 50 (1) (d) of the tamil Nadu District Municipalities Act.

(3.) ON the first two issues, the Court below came to the conclusion that the petitioner took the contracts in the name of his unmarried, undivided, dependent son, namely, the third respondent and as such he had every interest in the subsisting contracts with the second respondent. It also held that by virtue of the said conclusion, the petitioner came to be disqualified as per Section 50 (1 ) (d) of the Tamil Nadu District Municipalities Act, herein after referred to as the Act