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2012 Supreme(SC) 106

R.M.LODHA, H.L.GOKHALE
Zelia M. Xavier Fernandes E. Gonsalves – Appellant
Versus
Joana Rodrigues – Respondent


JUDGMENT

R.M. Lodha, J.

Leave granted.

2. The question which we have to consider is whether the appellant can be said to have any indirect share or monetary interest in the contract of her husband with the Village Panchayat of Raia and if the answer is in the affirmative whether she has incurred disqualification as a Panch member from Raia Village Panchayat of Salcete Taluka in South Goa District, State of Goa under Section 10(f) of the Goa Panchayat Raj Act, 1994 (for short, ‘1994 Act’).

3. The appellant was declared as a returned candidate from Ward No. 9 of Raia Village Panchayat of Salcete Taluka, State of Goa at the election held in May 2007 for a period 2007-2012.

4. On or about March 18, 2008, the respondent no. 2— Village Panchayat of Raia — invited bids for the collection of market fee within its jurisdiction for 2008-09. Mrs. Joana Rodrigues (respondent no. 1), Xavier Fernandes (appellant’s husband) and one Bernard Mario Fernandes submitted their bids. On March 28, 2008, the tender forms were opened in the office of the respondent no. 2 and the bid of the appellant’s husband was accepted as his bid was the highest. Her husband, on acceptance of his bid, paid the first in




































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