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IN THE HIGH COURT OF BOMBAY AT GOA
BHARATI DANGRE, NIVEDITA P. MEHTA
Hilario Pereira S/o Late Joao Pereira – Appellant
Versus
State of Goa, through Chief Secretary – Respondent
JUDGMENT :
Bharati Dangre, J.
1. The Petitioner, a voter in ward 9 for Part no. 26 in St. Andre Constituency is aggrieved by the decision of the Goa State Election Commission, Panaji, Goa, in refusing to entertain him when he approached the Commission seeking disqualification of the eleven Members of Village Panchayat St. Lawrence in terms of Section 19(f) of the Goa Panchayat Raj Act, 1994, (for short 'Act of 1994').The relief is refused to the Petitioner on the ground that once the candidate becomes a Member of the Panchayat, his/her removal can be only on the specified grounds of misconduct and the proceedings in which regard shall be filed before the Director of Panchayat under the Act of 1994 and the application under Section 10(f) filed by him cannot be entertained as the Commission lack jurisdiction in this regard.
2. We have heard learned Senior Counsel Shri S.D. Padiyar for the Petitioner, Mr. Deep Shirodkar, Additional Government Advocate for the State of Goa, Mr. Somnath Karpe appearing for the Goa State Election Commission. Mr. Shivan Desai represent Respondent nos. 3, 7 and 10, Mr. Jatin Ramaiya represent Respondent nos. 5 and 6 and Mr. Galileo Teles, learned Counsel, rep
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