PANJIM: There are more than 60 to 70 cases filed prior to the year 2000 pending for final hearing in the High Court of Bombay at Goa.
The Division bench of Justice D B Bhosale and Justice NA Britto made this observation while rejecting an application filed by the panch member of Calangute, Joseph Sequeira for early hearing.
Sequeira had filed an application seeking for a direction to fix a preemptory date for the final hearing of a petition seeking direction to refrain Sarpanch and Deputy Sarpanch of Calangute village panchayat from posing or continuing to act as Sarpanch and Deputy Sarpanch of the village panchayat. As interim relief he had also prayed that the Sarpanch and deputy Sarpanch should be refrained from taking any major policy decision and from issuing any permission, NOC for construction within the limits of Calangute panchayat.
It must be recalled that the Court had earlier granted interim relief in the nature of restraining the Calangute Sarpanch and deputy Sarpanch from taking any decision involving financial implication as well as grant of license from construction activity, while admitting the petition. The Court had made rule returnable on November 21.
However, the matter didn't come up on the Board on November 21, 2007 and when the matter finally came up for final hearing a week later, it was shown at serial number 56. Therefore, the petitioner made an application praying to fix the preemptory date in view of the circumstance of the case, in as much as the minority group of the present Sarpanch and his deputy, was allegedly ruling the panchayat. Even the respondents didn't object to the early hearing of the petition.
But the Court rejected to entertain it, orally observing that it is not the question of opposition, but the question is whether we should give priority to the matter. The matter will now be heard on December 10, 2007.
Showing posts with label Calangute. Show all posts
Showing posts with label Calangute. Show all posts
Tuesday, December 11, 2007
Calangute Village Panchayat Tamasha
PANJIM: The Director of Panchayats has suspended the execution of the resolution on October 1, 2007 of Calangute village panchayat, in which a no confidence motion was passed against Sarpanch Angelo (Albert) Fernandes and deputy Sarpanch Rupa Chodankar by 6-0 votes.
In an ad-interim relief, the Director of Panchayats has restrained the panch members led by former Sarpanch and present panch member Joseph Sequeira, Calangute village panchayat secretary and Bardez Block Development Officer from executing the resolution, noting that the procedure was unjust, which has prejudicially affected the rights of the Sarpanch and his deputy. In other words, Fernandes and Chodankar continue in their original position till final orders.
Fernandes and his deputy filed a petition against the Sequeira group, the Calangute village panchayat secretary and Bardez BDO, challenging the resolution on October 1, 2007 passed in the special meeting convened to consider the no-confidence motion against them. The matter was taken up for hearing under section 178 of the Goa Panchayat Raj Act, 1994 by the Director of Panchayats.
Counsel for the petitioners, Galileo Teles, submitted that the rights of the petitioner will be lost if ex-parte ad-interim relief is not granted. Teles also submitted that the motion of no-confidence was not put to vote, as required under Rule 21 of the Goa Panchayat (Meeting) Rules, 1996, or otherwise and that there was not even compliance of Rule 23 of the Goa Panchayat (Meeting) Rules, 1996, in as much as there was no motion before the body for casting vote, whether by show of hands or by secret ballot.
The Director of Panchayat observed that he is prima-facie satisfied that the petitioner has made out a case for the same as the impugned resolution pertains to the no-confidence motion against the Sarpanch and his Deputy and the consequences of the execution of the same would immediately impinge upon the valuable rights of the petitioners.
The Director noted that o n careful perusal of the minutes of the meeting of the Panchayat body called on October 1, 2007, for considering the motion of no-confidence against the Sarpanch and Deputy Sarpanch and the resolution passed therein, it is evident that there are serious lapses which have been committed during the consideration of the no-confidence motions. "Nowhere in the minutes of the meeting, there is a mention that the motion of no-confidence has been put to vote as required under Rule 21 of the Goa Panchayat (Meeting) Rules, 1996. Further, the minutes of the meeting also do not reveal in what manner the voting has taken place. Rule 23, of the Goa Panchayat (Meeting) Rules, 1996, clearly stipulates that votes shall ordinarily be taken by a show of hands, but may, if the majority of the members so decide, be taken by secret ballot", the judgment observes.
Interestingly, G V Gaonkar, Extension Officer, Bardez Block, appointed as observer under Rule 5(4) of the Goa Panchayat (Meeting) Rules, 1996, to attend this meeting in his report on October 1,2007 addressed to the Bardez BDO has confirmed the lapses that have taken place in the meeting. In his report, the observer has stated that the no-confidence motion has not been put for voting and the proceedings were written by the village panchayat secretary directly without the voting procedure but subsequently six members have signed in favour of the motion. The observer has further stated in his report that no trial of majority has been shown by raising of hands or by secret ballot.
"At the end, justice always prevails. Joseph Sequeira got goondas (goonand tried to create cahso. Now law will take its own course." Calangute MLA Agnelo Fernandes
In an ad-interim relief, the Director of Panchayats has restrained the panch members led by former Sarpanch and present panch member Joseph Sequeira, Calangute village panchayat secretary and Bardez Block Development Officer from executing the resolution, noting that the procedure was unjust, which has prejudicially affected the rights of the Sarpanch and his deputy. In other words, Fernandes and Chodankar continue in their original position till final orders.
Fernandes and his deputy filed a petition against the Sequeira group, the Calangute village panchayat secretary and Bardez BDO, challenging the resolution on October 1, 2007 passed in the special meeting convened to consider the no-confidence motion against them. The matter was taken up for hearing under section 178 of the Goa Panchayat Raj Act, 1994 by the Director of Panchayats.
Counsel for the petitioners, Galileo Teles, submitted that the rights of the petitioner will be lost if ex-parte ad-interim relief is not granted. Teles also submitted that the motion of no-confidence was not put to vote, as required under Rule 21 of the Goa Panchayat (Meeting) Rules, 1996, or otherwise and that there was not even compliance of Rule 23 of the Goa Panchayat (Meeting) Rules, 1996, in as much as there was no motion before the body for casting vote, whether by show of hands or by secret ballot.
The Director of Panchayat observed that he is prima-facie satisfied that the petitioner has made out a case for the same as the impugned resolution pertains to the no-confidence motion against the Sarpanch and his Deputy and the consequences of the execution of the same would immediately impinge upon the valuable rights of the petitioners.
The Director noted that o n careful perusal of the minutes of the meeting of the Panchayat body called on October 1, 2007, for considering the motion of no-confidence against the Sarpanch and Deputy Sarpanch and the resolution passed therein, it is evident that there are serious lapses which have been committed during the consideration of the no-confidence motions. "Nowhere in the minutes of the meeting, there is a mention that the motion of no-confidence has been put to vote as required under Rule 21 of the Goa Panchayat (Meeting) Rules, 1996. Further, the minutes of the meeting also do not reveal in what manner the voting has taken place. Rule 23, of the Goa Panchayat (Meeting) Rules, 1996, clearly stipulates that votes shall ordinarily be taken by a show of hands, but may, if the majority of the members so decide, be taken by secret ballot", the judgment observes.
Interestingly, G V Gaonkar, Extension Officer, Bardez Block, appointed as observer under Rule 5(4) of the Goa Panchayat (Meeting) Rules, 1996, to attend this meeting in his report on October 1,2007 addressed to the Bardez BDO has confirmed the lapses that have taken place in the meeting. In his report, the observer has stated that the no-confidence motion has not been put for voting and the proceedings were written by the village panchayat secretary directly without the voting procedure but subsequently six members have signed in favour of the motion. The observer has further stated in his report that no trial of majority has been shown by raising of hands or by secret ballot.
"At the end, justice always prevails. Joseph Sequeira got goondas (goonand tried to create cahso. Now law will take its own course." Calangute MLA Agnelo Fernandes
Subscribe to:
Posts (Atom)
Posts
