Tuesday, December 11, 2007

Tivim village panchayat

PANJIM: Tivim village panchayat Sarpanch, who was voted out of power, gets a fresh breather from the Additional Director of Panchayat, who has given directions to hold a fresh meeting on November 18 at the panchayat office for reconsidering the no confidence motion of October 8, 2007.



Sarpanch Vijay Kandolkar was voted out after a no confidence motion was passed with 5 votes in favour of his disqualification and 3 against it. One member was on leave and remained absent. Aggrieved by this, Kandolkar approached the Additional Director of Panchayat with a petition against the motion of no confidence passed against him by five votes to three votes.



The Additional Director of Panchayat also made it clear that during the meeting on November 18, the Secreatry of village panchayat and the Presiding Officer will take care to see that the procedure prescribed by the Goa Panchayat ( Meeting) Rules, 1996 are scrupulously followed and they are responsible in case there is any breach in the prescribed procedure. Though Bardez Block Development Officer has been asked to remain present, he has been asked not to take part in the proceedings.



It was contended by the counsel for the petitioner, Galelio Teles, that the motion of no confidence motion couldn't have been moved by panch member Arjun Aroskar when there is a expressed bar under Rule 6 (2) of Goa Panchayat (Meeting) Rules 1996 that a member elected to preside shall not be entitled to move motion of no confidence.



The petitioner submitted that the motion was neither proposed nor seconded by any member as revealed from the resolution and observer's report and hence the motion is in contravention of Rule 33 of the Goa Panchayat (Meeting) Rules 1996 and the entire resolution is nugatory, illegal and untenable.



Teles further submitted that the Rule clearly stipulates that all the members are required to be served notice of the date, place and time where the special meeting is to be convened. But one member -- Dharmandra Kauthankar—was not served notice of the special meeting. However counsel for the respondents -- panch members Arjun Aroskar, Tulsidas Shinde, Palkar Subhadha, Ranita Budge, Elizabeth Ferrao and Kauthankar, Tivim village panchayat secretary and Mapusa Block Development Officer— dismissed this allegation and submitted that intimation under Form 'A' was sent to all members, including Kauthankar at his residence and delivered.



The respondents further submitted that the petitioner has no locus standi to file the petition as the resolution for no confidence against Kandolkar was passed by majority of members at a meeting by following due procedure after Shinde proposed the no confidence and Bugde seconded it.

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