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2017 Supreme(Bom) 1456

G.S.PATEL, NUTAN D.SARDESSAI
Surendra Govekar – Appellant
Versus
Village Panchayat of Anjuna-Caisua – Respondent


Advocates Appeared:
For the Petitioner:P.A. Kamat, Advocate.
For the Respondent:A.D. Bhobe, Advocate, P Dangui, Additional Government Advocate.

JUDGMENT :

G.S. Patel, J.

1. Rule, made returnable forthwith. Respondents waive service. By consent taken up for hearing and final disposal.

2. The Petitioner makes a grievance that the 1st Respondent, the Village Panchayat of Anjuna-Caisua and the 2nd Respondent, its Secretary, are persistently in default of the provisions of Section 54 and Section 113-A of the Goa Panchayat Raj Act, 1994 and also of the Goa Panchayats (Meetings) Procedure Rules 1996. It is also alleged that these Respondents have disobeyed a Government Circular dated 10th October 2003 regarding the calling and conduct of fortnightly Panchayat meetings.

3. Our intervention is sought under Article 226 of the Constitution of India for the issuance of a mandamus against Respondents No.1 and 2 to comply with the Act, Rules and the circular; to order the inclusion of details of every subject on the agenda in future Panchayat meetings; and finally to initiate disciplinary proceedings against the 1st and 2nd Respondents.

4. There is one compelling reason to dismiss the petition in limine and that is because although there are prayers for an issue of a mandamus, nowhere in the petition do we find an averment that the Petitione












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