Elections cannot be invalidated solely due to alleged irregularities unless proven to undermine the electoral process significantly.

JUDGMENT

Both sides agree before me that main arguments are being canvassed in Writ Petition no. 37/08 and, therefore, its disposal will cover the other matters. Even otherwise, main arguments being canvassed in Writ Petition no. 37/08 and 38/08 they are taken up together and disposed off by a common Judgment.

2. Writ Petition no. 37/08 is directed against an Order passed by the Administrative Tribunal dated 10.01.08, passed in Devasthan Appeal nos. 2/07 and 6/07. The Tribunal has passed the following Order while allowing the appeals :-

ORDER

The Devasthan Appeals No. 2/2007 and 6/2007 are allowed to the extent that the election held on 11.2.2007 by the General Body of Shri Devi Bhumika Devasthan of Chopdem, for electing the Respondents No. 1 to 8 in Appeal No. 2/2007 and Respondents No. 4 to 11 in Appeal no. 6/2007 to Managing Committee of said Devasthan is hereby declared void and set aside. The prayer (b) of Appeal No. 6/2007 is rejected. The Respondent, Administrator of Devalayas of Pernem at Pernem, Goa, is directed to have fresh elections convened, preferably within three months from the date of service of this order, strictly following the procedure as laid under the “ Devasthan Regulations ”. The Administrator shall manage the affairs of Shri Devi Bhumika Devasthan of Chopdem, Pernem, Goa, till the new Managing Committee is elected. The Registry of this Tribunal shall serve a certified copy of the Judgment and Order on the Administrator at the earliest to enable it to take further action ion the matter and expedite the same.”

3. Since pleadings are complete, there will be Rule in this Writ Petition. Mr. Sonak appears for respondent nos. 1 and 2 whereas Mr. Salkar appears for respondent nos. 3, 4 and 5. Respondent no.6 is duly served. By consent of Shri Lotlikar, Shri Sonak and Shri Salkar, the Petition is taken up for hearing and final disposal. The petitioners were impleaded as respondents in Devasthan Appeal no. 2/07 and 6/07. They were so impleaded because respondent nos. 1 and 2 in this Writ Petition challenged the election of the petitioners as Managing Committee Members. That election was held on 11.02.2007.

4. There is a Devasthan by name SHRI DEVI BHUMIKA DEVASTHAN at Chopdem, in Pernem Taluka. The said Devasthan comprises of three small temples, viz. Temple of SHRI DEU RAWALNATH, Temple of SHRI DEU VETHAL, and Temple of SHRI DEU KULSHIVAM. The Devasthan is existing for the last more than 300 years and is governed under the provisions of the Devasthan Regulation, namely 'Regulamento das Mazanias', as approved by the Diploma Legislative No. 645 dated 30.03.1933 and amended by Diploma Legislative No. 1898 dated 29.05.1959. Bye-Laws of the said Devasthan, were approved by the then Governor General vide Order dated 26.2.1909.

5. Election Appeal no. 2/07 was filed on 16.02.2007. A copy of the Election Appeal is annexed to the present petition. The original appellants are respondent nos. 1 and 2 to this Writ Petition. They alleged that a letter dated 24.01.06 was received from the Administrator of Devalaya (Mamlatdar of Pernem, Goa), advising the Devalaya to conduct election of the new Managing Committee on 11.02.2007 post wise as per the Judgment and Order passed by this Court in Writ Petition No. 514/04 and 515/04. Pursuant to this letter of advise, the Devasthan issued a public notice dated 09.02.07 calling for a General Body meeting on 25.02.07 for holding election of the Managing Committee for the triennium 2007-2010. It is alleged that this notice apart from being displayed on the notice board/front doors of the temples, has also been published in prominent dailies having wide circulation. It is alleged that the Devasthan has its Mahajans spread all over the State of Goa.

6. It