B. P. DHARMADHIKARI, J.

( 1 ) CHALLENGE in this Letters Patent Appeal is to the judgment dated 29-7-2009 delivered by the learned Single Judge of this High Court in Writ Petition No. 2819/2009 dismissing it. In that Writ Petition, present Appellant had challenged order dated 1-7-2009 passed by respondent no. 1 Divisional Commissioner, Nagpur disqualifying him as a Councillor of the zilla Parishad, Chandrapur under section 16 (1) (i) of the Maharashtra Zilla parishad and Panchayat Samitis Act, 1961, (hereinafter referred to as "the 1961 act" for short ). The challenge raised can be briefly stated here for convenience. According to Appellant when work was already executed and he was only to receive amount therefor from the Zilla Parishad, the fact that such amount due prior to election was paid after election without anything more, was not sufficient to hold that he was having any interest in work done to bar him from continuing as a Councillor. It is further urged in the alternative that such ground of disqualification may at the most be relevant in election petition, but same cannot in these circumstances be viewed as incurred during term of his office as councillor. Lastly locus of

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