LAWS(BOM)-2018-10-8

GITA VIJAY SOMANKAR Vs. DIVISIONAL COMMISSIONER, NAGPUR

Decided On October 03, 2018
Gita Vijay Somankar Appellant
V/S
DIVISIONAL COMMISSIONER, NAGPUR Respondents

JUDGEMENT

(1.) Rule. Heard finally by consent of the parties.

(2.) The petitioner has been disqualified by the impugned orders respectively passed by the Collector, Gadchiroli and Additional Commissioner, Nagpur under Section 14(1)(g) of the Maharashtra Village Panchayats Act, 1958 [for short, 'Act of 1958']. The reasons being that the petitioner, a member of the Gram Panchayat, Yeoli, has been found to be indirectly interested in the rent agreement executed between the Gram Panchayat, Yeoli and the husband of the petitioner in respect of giving of the shop block belonging to Gram Panchayat, Yeoli to the husband of the petitioner on rent.

(3.) According to the learned Counsel for the petitioner, the impugned orders are patently illegal for the reason that there is no contract executed between the Gram Panchayat and the husband of the petitioner and what has been done in between them is execution of only a rent agreement. According to him the word "contract" used in 14(1) (g) of the Act of 1958, has a restrictive meaning and he submits that this word "contract" has to be understood as referring only to those contracts which have been awarded by the Gram Panchayat for execution of some work of the Gram Panchayat.