R V SELVARAJ Vs. SECRETARY TO GOVERNMENT MUNICIPAL ADMINISTRATION AND WATER SUPPLY DEPARTMENT CHENNAI

JUDGEMENT

(1.) A resident of the fourth respondent Town Panchayat, has sought for a writ of quo warranto to declare the fifth respondent as unqualified for being a member of the fourth respondent Council, as per Section 50(1 )(d) of the Tamil Nadu District Municipalities Act 1920. The fifth respondent is the elected Councillor and the sixth respondent is her husband.

(2.) ACCORDING to the petitioner, the fifth respondent has acquired interest in the contract awarded to the 6th respondent, as per Section 50(1)(d) of the Tamil Nadu District Municipalities Act 1920, the fifth respondent is disqualified, for continuing as a Councillor. He has also submitted that though the respondents 1 to 4 are aware of the award of the contracts, no action has been taken, as against the fifth respondent, and in these circumstances, the petitioner has come forward with the present writ petition fpr the relief stated supra. In support of his contention, Mr.M.Venkatesan, learned counsel for the petitioner placed reliance on the following judgments:

(3.) BEFORE adverting to the facts of the case, this Court deems it fit to extract Sections 49, 50, 51 and 51-A of the District Municipalities Act, 1920, required for adjudication of this case.