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2010 Supreme(Bom) 351
In the High Court of Bombay at Goa
MR. JUSTICE NARESH H. PATIL & THE HONOURABLE MR. JUSTICE N.A. BRITTO
The Akhada St. Estevam Village Development & Protection Samittee, represented by its President, Shri Arun Raghoba Bhosle & Others
Versus
Seema Rohidas Narvekar & Others
Writ Petition No. 497 of 2009
Decided on: 05-03-2010
For The Petitioner:S. M. Walawaikar, Advocate. For The Respondents:R1, N. K. Sawaikar, R2, R4 & R6, G. Shirodkar, Government & R3, N. V. Shirodkar, Advocates.
Headnote:
PANCHAYAT - Disqualification of Member - Goa Panchayat Raj Act, 1994 - Section 12(1)(d), Section 55(4)
Fact of the Case:
The petitioners sought disqualification of respondent No.1 as a Member of Village Panchayat under Section 12(1)(d), read with Section 55(4) of the Goa Panchayat Raj Act, 1994. The petitioners alleged abuse of position and illegal construction by respondent No.1 and her husband.
Finding of the Court:
The court found that respondent No.1 participated in a discussion in which she had pecuniary interest, contravening the mandate of Section 55(4) of the 1994 Act, and thus, was disqualified from continuing as a Member of the Panchayat. The court allowed the writ petition, declaring respondent No.1's seat as vacant.
Issues: The issues involved the alleged abuse of position and illegal construction by respondent No.1 and her husband, and whether respondent No.1's participation in the discussion constituted a contravention of Section 55(4) of the 1994 Act.
Ratio Decidendi: The court held that respondent No.1's participation in the discussion on a question in which she had pecuniary interest constituted a contravention of Section 55(4) of the 1994 Act, leading to her disqualification as a Member of the Panchayat.
Final Decision: The writ petition was allowed, and respondent No.1 was found disqualified under Section 12(1)(d), read with Section 55(4) of the 1994 Act, resulting in her seat being deemed vacant. Costs of the petition were quantified at Rs.10,000, to be deposited by respondent No.1.
NARESH H. PATIL, J.
1. By an order dated 29.1.2010, we had put the parties to notice that the petition may be disposed of at the admission stage itself. Rule. Rule returnable forthwith.
2. The petitioners seek a declaration for disqualifying respondent No.1 Smt. Seema Rohidas Narvekar, as Member of Village Panchayat of St. Estevem of Tiswadi Taluka, under Section 12(1)(d), read with Section 55(4) of the Goa Panchayat Raj Act, 1994 (for short “1994 Act”).
3. The petitioners, in brief, contend that respondent No.1 Seema Narvekar was elected as a Member of Village Panchayat in the elections held in May, 2007. The tenure of a member is for 5 years. In the previous term, for the period from 2002 to 2007, husband of respondent No.1 Rohidas Narvekar was elected as a member of the said Panchayat. The petitioners allege that respondent No.1 and her husband have been abusing and misusing their position as Member of the Panchayat and are persistently acting detrimental to the interest of the Village Panchayat. It is alleged that the husband of respondent No.1 Rohidas Narvekar though not a Member, illegally attends the meetings of the Village Panchayat, deliberates in the meetings and as a formality, makes his wife respondent No.1, to sign the resolutions taken in the meetings. The Panchayat consists of 7 Members. There is no opposition to the group of 7 Members in the Panchayat and the Members allegedly act in collusion with each other for their own benefits. The tenure of post of Sarpanch is also got divided, so that maximum number of members could become Sarpanch and Dy. Sarpanch.
4. The petitioners contend that in the month of January, 1998, respondent No.1 and her husband Rohidas Narvekar illegally constructed a kutcha structure in the Communidade land, having plinth of 5 x 10 metres, in her ward at Vali-Dongri, Akhada, which amounts to cognizable offence under Sections 4 and 5 of the Goa Land (Prohibition of Constructions) Act, 1995. In March, 1998, respondent No.1 and her husband started running an illegal restaurant in the said structure. In April, 1998, the Captain of Ports and Block Development Officer directed respondent No.3 Panchayat to take legal action against the said illegal structure/restaurant. Therefore, a show cause notice was issued. As husband of respondent No.1 was a Member of the Village Panchayat during the period from 2002 to 2007, it is alleged that he managed to get House No.1326 allotted to the said illegal structure and further managed to get NOC dated 27.8.2002 issued from the then Sarpanch for running a bar in the said illegal structure.
5. On 30th May, 2007, respondent No.1 demolished the said katcha structure and extensively extended the plinth of the said structure on all sides of the Communidade land unathorisedly and illegally constructed a pucca structure having plinth of over 120 sq. metres.
6. On 23rd May, 2009, petitioner No.2 lodged a written complaint with respondent No.3 Village Panchayat and requested the Panchayat to demolish the said illegal structure.
7. The petitioners contend that on 23.5.2009, petitioner No.2 filed a complaint addressed to the Sarpanch, Village Panchayat of St. Estevem, stating therein that Rohidas Narvekar and his wife Smt. Seema Narvekar had done illegal construction of a house at Vali Dongri, close to Akhada Foot Bridge and illegally obtained house No.1326. By the said complaint it was requested to take action under the Panchayat Raj Act, immediately.
8. In the meeting of Panchayat held on 24.5.2009, the Sarpanch placed before the Members the said complaint filed by petitioner No.2. By Resolution No.10, the Members present unanimously resolved to reject the proposal which was proposed by respondent No.1 Seema Narvekar, after discussing and considering the fact that house No.1326 mentioned in the complaint was not registered in the name of Seema and Rohidas Narvekar. In the meeting of Panchayat held on 14.6.09, the proceedings of previous meeting held
