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Somasekharan Nair vs C.K.Divakaran Pillai on 8 March, 2010

14. A bare reading of the aforesaid provision does not indicate that the 2nd respondent was entitled to any benefit under the above provision. It is neither a contribution work in the Municipality for the benefit of the community nor is it as a representative of the community or of as Councillor. The judgment in Somasekharan Nair v. Divakaran Pillai (2010 (2) KLT 1022) which has been relied upon by the Commission has no application to the facts of the present case. That was a case with reference to a contract with the local authority on behalf of a beneficiary committee. That is not the situation here. The ad hoc Committee is not the beneficiary committee in terms of the statutory provisions. It is an independent body and has ventured into a commercial contract in terms of agreement dated 31/1/2012 and admittedly the 2nd respondent is the President of the said ad hoc Committee. It is however pointed out that the disqualification if any is co-terminus with the term of office of the Committee and since the period of Committee had already expired, no useful purpose will be served in agitating the issue.
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