AIROnline 2023 SC 269 ::AIR 2023 SC (Civ) 1316 ::2023 (4) KCCR (SN) 420 (SC)

Supreme Court Of India

Hon'ble Judge(s): Sanjay Kishan Kaul, Ahsanuddin Amanullah, Aravind Kumar , JJJ

Maharashtra Zilla Parishads and Panchayat Samitis Act (5 of 1962) , S.40, S.16(1)(i)— Disqualification of member of Zilla Parishad - Challenge against - Misuse of elected post with the object of gaining undue personal financial benefit - Contract for repairing and tarring of a road was awarded by Gram Panchayat to son of the appellant - Administrative sanction to said project was given by the Zilla Parishad - Son of appellant did not have any other contracts - Only contract awarded to him was the one where funds flowed to Gram Panchayat from Zilla Parishad of which appellant was a member - Issuance of the work order by the Zilla Parishad itself showed the Zilla Parishad's supervisory and sanctioning role in the contract, which falls within the wide ambit of S.16(1)(i) of the Act - Appellant had a responsibility to make sure that his son did not enter into a contract sanctioned by the Zilla Parishad - Nothing on record to show even a separation of residence between the son and the father - Order of disqualification, proper AIROnline 2021 BOM 2011-Affirmed (Para 20 21 22 23 24) .....