VidhiSangh

Supreme Court of India · 17/04/2023

VIRENDRASING versus THE ADDITIONAL COMMISSIONER AND ORS.

[2023] 3 S.C.R. 790 · 2023 INSC 372

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

A Zilla Parishad member's son, registered as a contractor weeks after his father's election, won his only contract: a road repair sanctioned by the Zilla Parishad and funded through it, though tendered and paid by the Gram Panchayat. The Divisional Commissioner disqualified the member under Section 16(1)(i) of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961, deciding on his written statement after repeated adjournments, and the High Court upheld the order. The Supreme Court dismissed the appeal: the provision is deliberately expansive and covers work done by order of the Zilla Parishad even if executed by a Gram Panchayat, the circumstances raised a strong inference of the member's interest in his son's business which a ration card did not dispel, and there is no birthright to adjournments where the Commissioner must decide within ninety days.

Issues

  1. Whether a Zilla Parishad councillor incurs disqualification under Section 16(1)(i) of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 where his son obtains a Gram Panchayat contract for work sanctioned and funded by the Zilla Parishad.
  2. Whether the councillor can be said to have an 'interest' in his son's contract when he claims the son is financially independent and lives separately.
  3. Whether deciding the disqualification on the councillor's written statement, after multiple adjournments, violated natural justice.

Provisions considered

Held

Result

Appeal dismissed; disqualification of the appellant from membership of the Zilla Parishad, Dhule under Section 16(1)(i) upheld, to take effect from the date of the judgment; parties to bear their own costs.

Judgment PDF: Supreme Court of India, [2023] 3 S.C.R. 790.