Benaulim RO dismisses plaint against Mickky

MARGAO, APRIL 20
The Returning Officer for the Benaulim Assembly constituency Sanjeev Desai has dismissed the complaint lodged by Colva Panch Calvert Gonsalves against Tourism Minister, Mickky Pacheco for want of jurisdiction to hear the petition.
Calvert had complained to the Returning Officer that Pacheco had allegedly filed inaccurate affidavit relating to his educational qualifications during the 2005 Assembly by-polls and the 2007 Assembly polls.
In his judgment, the Returning Officer said he is dismissing the complaint for want of jurisdiction. In this context, Desai has relied on the Judgement of the Allahabad High Court in Dr Subramaniam Swami versus the Election Commission of Indian and Sonia Gandhi which had stated that the Returning Officer ceases to function after the declaration of the election result.
Moreover, the Returning Officer has observed that the complainant had filed the complaint three years and five months after the 2005 Assembly bye-polls and one year and five months after the 2007 Assembly polls.
Calvert had filed the complaint to the Chief Electoral Officer in October 2008 stating that the Benaulim MLA and Tourism Minister had allegedly filed inaccurate and false affidavits relating to his educational qualifications in the 2005 bye-polls and 2007 Assembly polls. He had alleged that Pacheco had stated his educational qualification as Xth pass in the 2005 bye-polls and VII pass in the 2007 Assembly polls.
In his preliminary reply filed to the complaint, the Tourism Minister had categorically stated that the RO has no jurisdiction to hear the complaint, adding that even if the affidavit filed before the election authorities is inaccurate, it does not amount any major offense.
Pacheco’s Personal Assistant, Lyndon Monteiro  told newsmen that the RO has upheld the contention of the Tourism Minister  for want of jurisdiction.