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2023 Supreme(Bom) 1054

M. S. SONAK, BHARAT P. DESHPANDE
Raghoba S. Gawade – Appellant
Versus
Goa State Election Commission – Respondent


Advocates appeared:
Vishnuprasad Lawande, Advocate, Parimal Redkar, Advocate, D. Pangam, Advocate, P. Arolkar, Advocate

JUDGMENT

M. S. Sonak, J. - Heard. Mr Lawande appears along with Mr P. Redkar for the Petitioner. Mr D. Pangam, learned Advocate General, appears along with Mr P. Arolkar, learned Additional Government Advocate for Respondent No.2.

2. Leave to amend the cause title by indicating Respondent No.3 with the correct name as Prashant Vasant Naik instead of Prakash Vasant Naik. Amendment to be carried out immediately.

3. The Petitioner seeks a writ of quo-warranto for removing Respondent No.3 as the Member/Pancha from the Village Panchayat of Mandrem, Pernem Goa.

4. Mr Lawande submits that Respondent No.3's name was earlier included in the Mandrem Legislative Assembly Constituency electoral roll. However, on 05.01.2022, his name was included in the electoral roll of the Mapusa Legislative Assembly Constituency. He submits that this was, in all probabilities, pursuant to an application made by Respondent No.3 for such change. However, by taking advantage of the fact that Respondent No.3's name continued in the electoral roll of the Mandrem Legislative Assembly Constituency, Respondent No.3 contested and got elected as a Pancha from the Panchayat of Mandrem Constituency.

5. Mr Lawande submits tha

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