Proper pleadings and a live lis are necessary for the court to entertain challenges to the constitutional validity of legislative amendments. Compliance with the provisions of Article 652 of the Code of Comunidades is required.

JUDGMENT :

M.S. SONAK, J.

1. Heard Mr. Nigel Da Costa Frias for the Petitioners, Mr. D. Pangam learned Advocate General who appears along with Mr. Deep Shirodkar, Addl. Govt. Advocate for Respondents No. 1 and 2 and Mr. Y.V. Nadkarni for Respondent No. 3.

2. The Petitioners, who claim to be the Gaunkars/Jonoeiros/Jonkars and legitimate Components of the Comunidade of Serula, have instituted this Petition, seeking the following reliefs:

“(a) That this Hon'ble Court may be pleased to call upon the Respondent No. 1 to produce before it the records pertaining to the various amendments moved before the Code of Comunidades including the statements of objects and reasons, a record of deliberations, etc and on perusing the same be pleased to issue an appropriate writ order or direction thereby quashing and striking down all the amendments effected to the Code of Comunidades listed at Annexure “D” colly.

(b) For a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, direction or order thereby directing the Respondents no. 1 to forthwith comply with and implement the provisions of Article 652 of the Code of Comunidades.

(c) For such other and further reliefs as this Hon'ble Court deems fit and proper in the facts and circumstances of the case.

(d) For an appropriate writ, order or direction thereby quashing and striking down the Goa Legislative Diploma No. 2070 dated 15.04.1961 (Amendment) Ordinance 2015 (Ordinance No. 9/15).”

3. The perusal of Annexure “D” collectively referred to in the index as appearing on pages 204-213, indicates that there is no list as such of the amendments to the Code of Comunidades which are sought to be struck down. However, on Pages 181-A, we find the following list:

1. The Goa Daman and Diu Legislative Diploma No. 2070 dated 15.4.1961 (Amendment) Act, 1984.

2. The Goa Daman and Diu Legislative Diploma No. 2070 dated 15.4.1961 (Amendment) Act, 1985.

3. The Goa Daman and Diu Legislative Diploma No. 2070 dated 15.4.1961 (Amendment) Act, 1986.

4. The Goa Legislative Diploma No. 2070 dated 15.4.1961 (Amendment) Act, 1988.

5. The Goa Legislative Diploma No. 2070 dated 15.4.1961 (Amendment) Act, 1993.

6. The Goa Legislative Diploma No. 2070 dated 15.4.1961 (Amendment) Act, 1995.

7. The Goa Legislative Diploma No. 2070 dated 15.4.1961 (Amendment) Act, 1996.

8. The Goa Legislative Diploma No. 2070 dated 15.4.1961 (Amendment) Act, 1997.

9. The Goa Legislative Diploma No. 2070 dated 15.4.1961 (Amendment) Act, 2001.

10. The Goa Legislative Diploma No. 2070 dated 15.4.1961 (Second Amendment) Act, 2001.”

4. Similarly, prayer clause (d), seeks a writ to strike down Ordinance No. 9/2015. This ordinance no longer survives since the Legislative Assembly enacted a law in terms of what was provided by the ordinance. There is no challenge to such law in the Petition.

5. The pleadings in this writ petition in the context of a challenge to the validity of the various legislative amendments to the Code of Comunidades are also quite sketchy. The Petitioners have not pleaded in precise terms how according to them, the several amendments which they have challenged, contravene Part III of the Constitution or are beyond the legislative competence of the State. In the absence of proper pleadings, we do not think that it would be appropriate for us to entertain the challenges to the constitutional validity of the several amendments to the Code of Comunidades.

6. Mr. Costa Frias, however, referred to the provisions of Article 652 of the Code of Comunidades, which read as follows:

“Article 652 - Every five years, in city of Panjim, on 2nd Sunday of January, a meeting shall be held of the delegates of all the Comunidades to deal with matters of general interest to them to foster its progress and propose to the Governor-General, some measures in this connection.

1. In the first fortnight of November, the Governor-General shall appoint a commission comprising of five members chosen from among the members of the managing committee of t