The main legal point established in the judgment is that the provisions of the Goa Panchayat Raj Act, 1994, specifically Sections 9, 10, and 13, govern the elections, qualifications, and disqualifications as members of a Panchayat, and in this case, no disqualification of the respondent was made out based on these provisions.

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 that Respondent No.3 played fraud in the electoral process. He deliberately suppressed the factum of change at his instance. Mr Lawande accepted that the electoral rolls for the Legislative Assembly are to be taken as a base for elections to the Panchayats. He pointed out that the electoral rolls for Legislative Assembly are prepared under the Representation of the People Act 1950. Therefore, he relied on Section 17 of the R.P. Act, 1950, which provides that no person shall be entitled to register in the electoral rolls for more than one constituency.

6. Mr Lawande relied on the decision of the learned single Judge of Madhya Pradesh High Court in Suresh Choudhary Vs Atarlal Verma and others, (2006) 3 MPLJ 506 where a writ of quo- warranto was issued after it was found that the returned candidate suppressed the facts about his disqualification. He also relied on K. Venkatachalam Vs A. Swamickan and another (1999) 4 SCC 526 to submit that the powers of the Constitutional Court under Article 226 of the Constitution are always retained, and there is no bar to issue a writ of quo-warranto simply because no recourse was taken to the remedy of an election petition within the period prescribed.

7. Based upon the above submissions, Mr Lawande urged to issue a writ of quo-warranto.

8. The learned Advocate General submitted that the qualification for membership in a Panchayat is provided under Section 9 of the Goa Panchayat Raj Act, 1994. He pointed out that every person whose name is in the list of voters referred to in Section 13 of the wards in a Panchayat shall, unless disqualified under this Act or under any other law for the time being in force, be qualified to be elected from any ward in that Panchayat. He submitted that since Respondent No.3's name was very much existing in the concerned electoral roll, Respondent No.3 was not disqualified from getting elected. In such circumstances, he submits that a writ of quo-warranto cannot be issued.

9. The rival contentions now fall for our determination.

10. The elections, qualifications, and disqualifications as members of a Panchayat are matters governed by the Goa Panchayat Raj Act, 1994 ( the said Act). Section 13 of the said Act provides that subject to the provisions of sub-section (1), the electoral roll of the Legislative Assembly of the State for the time being in force for such part of the wards of a Panchayat shall be deemed to be the list of voters for such Panchayat wards. Section 9 of the said Act provides that every person whose name is in the list of voters referred to in Section 13 of the wards in a Panchayat shall, unless disqualified under the said Act or under any other law for the time being in force, be qualified to be elected from any ward in that Panchayat. Proviso deals with reserved seats with