ZAKIR HUSSAIN Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) The petitioner claims that he is a registered PWD contractor of Class-DEE for the purposes of executing civil works, which certificate was issued in his favour in the year 2009-10 and is still in force. On 20.10.2018, the petitioner was elected as member from Ward No.10 of Municipal Committee, Basohli. The Executive Engineer, PW(R&B) Division Basohli vide e-NIT 32 of 2020-21 dated 28.09.2020 invited tenders for and on behalf of the Lt. Governor of the Union Territory of J&K for execution of six different works, which included the construction of lane and drain and R/Wall from the house of Ram Lal to the house of Baldev Raj at Ward No.12, Basohli. The petitioner was found successful bidder and was, accordingly, allotted the said work by the Executive Engineer concerned vide allotment order No.6406-13 dated 18.01.2021. The allotment, too, was made in favour of the petitioner for and on behalf of the Lt. Governor of the Union Territory.

(2.) The petitioner claims that he has executed the work allotted to him to the satisfaction of the Executive Engineer concerned and there is no dispute with regard to the execution of the aforesaid work. The grievance of the petitioner, as projected in this petition, however, is that the respondent No.2 vide his communication No.DULBJ/2021/2225-27 dated 30.03.2021 served upon the petitioner a show cause notice purportedly issued in terms of Section 16 of the J&K Municipal Act, 2000 (hereinafter referred to as "the Act"), calling upon the petitioner to show cause as to why he should not be disqualified as member of Municipal Committee, Basohli from Ward No.10 for having executed the construction work of lane and drain on behalf of the Municipal Committee, Basohi.

(3.) The petitioner responded to the aforesaid show cause notice and explained his position. He categorically denied having executed any work for or on behalf of the Municipal Committee, Basohli. It is submitted by the petitioner that the work, which he has executed, for which he has been issued a show cause notice, was a work notified by the Public Works Department for and on behalf of the Lt. Governor of the Union Territory of J&K and not on behalf of the Municipal Committee, Basohli. Relying upon the contents of the NIT issued by the Executive Engineer and letter of allotment, the petitioner in his reply claimed that he has not executed any work for and on behalf of the Municipal Committee, Basohli, as would attract disqualification in terms of Section 16(1)(j) of the Act. Respondent No.2 did not accept the explanation tendered by the petitioner and vide order No.207/DULB of 2021 dated 10.04.2021 disqualified the petitioner as member from Ward No.10, Municipal Committee, Basohli. It is this order the petitioner is aggrieved of and has challenged the same primarily on the ground that disqualification in terms of Section 16(1)(j) is not attracted in the case, for, the petitioner has not directly or indirectly any share or interest in any work done by the order of Municipality nor has he executed any contract under or on behalf of the Municipality. The work, which has been made basis for his disqualification by respondent No.2 is the work executed by the petitioner for and on behalf of Lt. Governor of the Union Territory of J&K, which was notified through e-NIT by the Executive Engineer, PW(R&B) Division, Basohli.