1. This petition is directed against the order passed on 1-7-2009 by respondent No.1 – The Divisional Commissioner, Nagpur Division, Nagpur, under Section 40 read with Section 16(1)(i) of the Maharashtra Zilla Parishads and Panchayat Samitis Act, disqualifying the petitioner from holding the office of Councillor and consequently that of President, Zilla Parishad, Chandrapur.

2. Facts, which are material for deciding this petition, are as under:

The petitioner had been awarded contracts of asphalting of two roads by contracts dated 27-9-2005 and 17-3-2005 by Zilla Parishad, Chandrapur. The petitioner had completed the work, but his final bills remained to be paid as on 23-2-2007 for want of funds.

3. The petitioner filed nomination for being elected as Councillor from 36-Kelzar Chinchala constituency. One Subhash Bukkawar objected to petitioner’s nomination on 26-2-2007 on the ground that the petitioner was a contractor of Zilla Parishad, Chandrapur, and had received remuneration and so was disqualified. The Election Officer rejected this objection and held petitioner’s nomination to be valid. The petitioner was then elected as Councillor on 12-3-2007 and was elected P