JAGANNATH LAXMANRAO SHERKI Vs. DIVISIONAL COMMISSIONER NAGPUR

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With consent of parties, the petition is taken up immediately for final hearing.

(2.) Heard the learned Counsel for the parties. On 20/02/2007 election for Zilla Parishad, Chandrapur as well as panchayat samittees under Zilla Parishad, Chandrapur were declared. Respondent No. 3 submitted nomination papers and contested the election. On 12/3/2007 he was declared elected as Councilor for the Zilla Parishad and on 21/3/2007 he was elected as President of the Zilla Parishad. The petitioner before this Court, moved an application before the Commissioner, Nagpur under Section 16(1)(i) of the Maharashtra Zilla Parishads and panchayat Samitis Act contending that respondent No. 3 had entered into contract with the Zilla Parishad and had carried out certain works under that contract. On the day when he had submitted nomination papers, when he was declared elected to the post of Councilor as well as on the day when he was declared elected to the office of President, Zilla Parishad, certain amounts were due from Zilla Parishad to him towards the work done by respondent No. 3 under that contract. After assuming the charge of the President, he had received the amounts from the Zilla Parishad. The petitioner contended that as per the provisions of Section 16(1)(i) respondent No. 3 was disqualified for being chosen as Councilor or as President of the Zilla Parishad. With these pleadings, he prayed as follows: Prayer :

(3.) After hearing the parties, the Commissioner rejected that application holding that work of the contract was already completed and only because the payment was delayed for want of funds by the Zilla Parishad, and such payment of the contract made by the Zilla Parishad to respondent No. 3, after his election, cannot be a ground for disqualification under Section 16(1)(i) of the Act. The petitioner has challenged that order in this petition. In this petition also he has made several prayers. Prayer clause (c) is relevant and reads as follows: