The State Election Commission has jurisdiction to determine disqualifications of elected Panchayat members, including those incurred post-election, under Section 11 of the Goa Panchayat Raj Act.

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, represented Respondent no. 4, before us.

Since the limited question that fall for our consideration, revolve around interpretation of Section 10 of the Act of 1994 with specific reference to the words “for being chosen as” and “for being a Member of the Panchayat” along with Sections 11 and 12, by consent of the parties, we issue 'Rule' and take up the Petition for final hearing at the stage of admission.

3. The background facts disclose that the general election to Village Panchayats in Goa was conducted on 10.08.2022 and this included the election to the Respondent no. 14-Panchayat of St. Lawrence of Agacaim, wherein the Respondent nos. 3 to 13 in the Petition came to be elected as Panch Members.

Village Panchayat of St. Lawrence of Agacaim comprise of eleven Members, to be elected from eleven different wards within the jurisdiction of the Village Panchayat. The Panchayat being a local authority, is governed by the provisions of Goa Panchayat Raj Act of 1994, which has set out the procedure for the Management of affairs of the Panchayat.

4. According to the Petitioner, the Respondent nos. 3 to 13, suffered disqualification, since each of the Member received monetary share and interest in their name in the tender work undertaken within the jurisdiction of the Village Panchayat. It is specifically alleged that the payment received in the name of each of them has been credited in their bank account from the saving account of Village Panchayat and that there was no resolution passed by the Village Panchayat for issuing the cheques in their names neither there is any reason to part with the Panchayat fund by crediting into the accounts of the Respondents but, without authority of law, the Respondents have received huge amounts. The Petitioner has offered the detailed of these payments received by each of the Respondents in paragraph no. 6 of the Petition and has also offered details of the work against which the amount is received by them as Members of the Panchayat.

Stating that the Respondent nos. 3 to 13 being the elected as Member, they are in receipt of monetary remuneration from the Government of Goa and, therefore, it is not open for them to receive any payment, which is not due and payable to them, a serious accusation is levelled that in the tender work floated by the Panchayat to be undertaken, within the jurisdiction of Village Panchayat, cheques were directly issued in the name of Respondent nos. 3 to 13 and they have availed monetary interest for the work done within the jurisdiction of Village Panchayat and on behalf of the Panchayat. It is therefore the specific case of the Petitioner that the Respondent nos. 3 to 13 have incurred a disqualification under Section 10(f) of the Goa Panchayat Raj Act, and they are disqualified to hold the post of Me