COMMISSIONER, AVADI MUNICIPALITY, AVADI, CHENNAI Vs. U GEETHA

JUDGEMENT

(1.) Whether Section 50 of the Tamil Nadu District Municipalities Act, 1920, providing that the councillor of the Panchayat would cease to hold his office on certain contingency like sentence by the criminal court, acquiring pecuniary interest in the local body by entering into contract and other disqualifications would come into play, only after a declaration by the District Court under Section 51 of the Act, is the substantial issue involved in this intra court appeal.

(2.) The first respondent, (hereinafter referred to as the Councillor), was elected as a Councillor of Avadi Municipality in October 2011. While the Councillor was holding office, her husband took a contract awarded by the Avadi Municipality for collection of fees from the traders holding daily market and similar activities. Since the councillor in her declaration stated that she had no independent source of income, and she is depending on the income of her husband, and as she was living with him under the same roof, notice dated 15 October 2012 was issued to her to show cause as to why she should not be declared as one suffering from the disqualification under Section 50 of the Act. The Commissioner, after considering her explanation, passed an order dated 26 December 2012 holding that on account of the subsisting contract, she ceased to be the Councillor under Section 50(d) of the Act.

(3.) The Writ Petition filed by the councillor challenging the disqualification was allowed by the learned Single Judge with a finding that the order of disqualification would come into operation only after an order to that effect is passed by the District Judge after adjudication under Section 51 of the Act.