Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Disqualification 1961 Maharashtra Zilla Parishads and Panchayat Samitis Act ss. 16(1)(i) 40 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 (5 of 1962) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 : ss. 16(1)(i), 40 – Disqualification – Appellant elected as a member of the Zilla Parishad – Petition by respondent no.3 u/ss. 40 and 16(1)(i) claiming appellant’s disqualification on the ground that the appellant had misused his elected post for gaining undue personal financial benefit whereby in E-tender floated for the project, work order was issued in favour of the appellant’s son – Application allowed by Divisional Commissioner – Writ petition there-against dismissed by the High Court – On appeal, held: Salutory purpose of disqualification provisions was to ensure the purity of administration in Municipal Committee – On facts, it was not even a situation where the appellant’s son was carrying on any existing contractual work – It was only soon after the election of the appellant that his son was registered as a contractor – Only contract awarded to him was the one where the funds flowed to the Gram Panchayat from the Zilla Parishad of which the appellant was a member – Moreover, issuance of the work order by the Zilla Parishad itself shows the Zilla Parishad’s supervisory and sanctioning role in the contract, which falls within the wide ambit of s. 16(1)(i) – Probity in such financial transactions should be the rule rather than the exception – Appellant had a greater responsibility as a father to make sure that his son does not enter into a contract that is sanctioned by the Zilla Parishad itself – Order passed by the High Court is upheld – Consequential disqualification would take effect from the date of the judgment. |
Judge | Hon'ble Mr. Justice Sanjay Kishan Kaul |
Neutral Citation | 2023 INSC 372 |
Petitioner | Virendrasing |
Respondent | The Additional Commissioner And Ors. |
SCR | [2023] 3 S.C.R. 790 |
Judgement Date | 2023-04-17 |
Case Number | 1715 |
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