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1999 Supreme(Mad) 2728

K.GOVINDARAJAN
A. Rajangam – Appellant
Versus
A. Mohammed Hani and another – Respondent


Advocates:
Mr.K. Alagiriswamy, Senior Counsel for Mr. C. Prakasam, Advocate for
Petitioner. Mr. K.M. Vijayan, Senior Counsel for Respondents.

Judgment :

1. The petitioner was elected as the Chairman of the Vridhachalam Municipality in the year 1996. The first respondent filed a petition in O.P.No.15 of 1999 under Section 51(1) of the Tamil Nadu District Municipalities Act 1920 to decide about the disqualification of the petitioner, under section 50 (1)(d) of the said Act. According to the 1st respondent, who is the Councilor of the said municipality, the petitioners undivided son and his undivided brother are registered contractors of the said municipality on and from 210. 1996 on which date the petitioner was elected as Chairman. On that basis it was alleged that the petitioner has acquired an interest in the subsisting contract with the Vridhachalam municipality and so he has to be disqualified, to hold the said post under section 50(1)(d) of the said Act.

2. The said petition was contested but the petitioner alleging that he did not acquire any interest in the subsisting contract with respect to the allegation regarding his son and brother. It is the case of the petitioner that they are divided brother and divided son, and so the averments made in the said petition with respect to his disqualification cannot be sustain


















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