(1.) THIS petition filed by the petitioner under Articles 226 and 227 of the Constitution of India is from an order dated 7th January 2003 passed by the respondent No. 1 the Commissioner, Nagpur Division, Nagpur in Case no. 50/2002 holding that the petitioner has incurred disqualification under section 16 (l) (h) of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 ("the Act", for short ). The Statutory Provisions :
(2.) THE relevant statutory provisions are as under: Section 16 (l) (h) of the act reads as Act
(3.) HE facts in brief giving rise to the present petition in nut-shell are that the petitioner was elected as Councillor of Zilla Parishad, Chandrapur in the elections held in the month of February 2002. After being elected, the petitioner started functioning as Councillor of respondent No. 2 Zilla Parishad, Chandrapur.