Immediate need of amendments in law

Their ultra-ambitious plans have led them to take power by hook or by crook. Recently a new chairperson was elected to Margao Municipality and a motion of no confidence was moved against him within three days of appointment. The municipality comes under the jurisdiction of a constituency that belongs to MLA Digambar Kamat which meant it was against the ruling party. But the political equations changed overnight after Kamat switched to the BJP. Vijai Sardesai and Kamat were together before, and now it was obvious for Kamat to show his allegiance to BJP. However, during the poll for chairperson Kamat-backed candidate Damodar Shirodkar lost to Ghanshyam Shirodkar, who was an independent candidate but had support from Sardesai. This was an embarrassing shock both to BJP and Kamat. Winning candidate Ghanshyam received 15 votes while Damodar Shirodkar had to settle with 10. This indicates that 5 votes from Kamat-BJP group went to the ‘opposition’. This did not go well with BJP’s ego and just within three days of Ghanshyam being elected to the post of chairperson, the councillors moved no-confidence motion against him. Naturally, this whole chaotic procedure has been carried out as per the orders from the Chief Minister. Fifteen councillors were called in by Digambar Kamat and were told to pass the no-confidence motion against Shirodkar. Rumours are rife that the councillors were threatened with holding back of funds to the municipality and also not approving the development projects if the motion was not moved. It is not justifiable for a chief minister to do something like this. This is anything but a democratic way to play politics. At last, the influence or intimidation of a chief minister had to work. Fourteen of the 15 councillors signed on the motion of no-confidence in no time. Needless to say, the motion was passed successfully. This tradition is harmful to democracy. It is not right to keep aside a person for no reason who had won the post in democratic way. The mere thought of it itself is anti-democratic. The newly elected chairperson Ghanshyam Shirodkar too questioned how a no-confidence motion can be moved when the work is yet to begin. The reasons behind moving the motion should be stated. This is a byproduct of a faulty law system. Whether it’s a chairperson or a sarpanch, mentioning a reason behind moving no–confidence motion against them is not mandatory. This has made it easier for politicians to abuse power the way they want. Few weeks back the sarpanch of Mandrem panchayat was ousted with no-trust motion within 24 hours of polling. Mandrem’s deputy sarpanch too suffered the same fate just two days back. Similar incidents have taken place in various panchayats in recent times and the MLAs of the respective regions are responsible for this. Ethically this is wrong but legally? There are loopholes. Only way to prevent these incidents is to extinguish these loopholes by rectifying the law. Mauvin Godinho has been handling the post of Panchayat Minister in recent years and frequently speaks about making changes in the Panchayat Raj Act. These changes are yet to make its way to reality. The solution, especially on no-trust motions moved against sarpanchas, must be put into place. The situation is no different when it comes to electing a chairperson. The system used in both the elections is the same and hence, the faults are similar too. The amendments were done in Goa Municipalities Act recently where if the no-trust motion against a chairperson is rejected then the motion cannot be moved against him/her for the next six months. Such provision is needed in the Panchayat Raj Act as well. Apart from this, there should be a valid reason behind moving such a crucial motion. The law must mention what can be considered as valid reasons too. Such motions should not be abused just for the sake of asserting political dominance.