ANSHUL KAINTHLA Vs. STATE OF H. P.

JUDGEMENT

(1.) Respondent No. 6, is a member, of, Zila Parishad, from Jarol Ward, Tehsil Kumarsain, District Shimla, and she, through Annexure P-1, became declared, as L-1, for, the execution, of, public works, mentioned therein. Consequently, the writ petitioner strives to attract against her, the statutory prohibition, constituted in the second explanation, occurring in Section 122 of the Himachal Pradesh Panchayati Raj Act, 1994, provisions whereof stand extracted hereinafter, and, the apt provisions whereof are underlined:

(2.) The sequel of the afore is that, the endeavor of the writ petitioner, to, beget disqualification of respondent No. 6, through his making dependence, upon, the afore alluded statutory provision, becoming, a gross misendeavor, and, hence is amenable to be discountenanced by this Court, especially with the afore respondent not falling within the ambit, of, the disqualifying mandate, of, sub clause J, of, Section 122 of the Himachal Pradesh Panchayati Raj Act, 1994, and importantly, with the apposite works, being not executed from the Parishad funds, rather, are to be executed from the funds of the Himachal Pradesh Public Works Department.

(3.) Consequently, there is no merit in the extant writ petition, and, the same is dismissed. No order as to costs. All pending applications are disposed of.