Cuncolim RO rejects objections raised by candidate
HERALD REPORTER
MARGAO, OCT 12
Objections raised by former Cuncolim Municipal Councilor Prof Laxman Naik to the candidature of vice-chairman of the Goa Urban Development Agency Mario Moraes in ward No 3 of the Cuncolim Municipal Council came a cropper on Tuesday.
Returning Officer, Johnson Fernandes rejected the objection raised by Naik and accepted the candidature of Mario Moraes for ward no 3.
The bone of contention raised by Laxman Naik was in respect of the term office of profit.
He contended that the candidate is the SUDA vice-Chairman, who holds office of profit and his resignation after the coming into force of the notification for elections would serve no purpose.
Naik further contended that the candidate should have resigned mush prior of the commencement of the election process, beginning from October 4.
Moraes, however, submitted that he was not holding any office of profit on the date of filing of nomination papers as he had resigned on October 8 and the nomination was presented on October 9.
He also disputed that the post held by him is not one which constitute the office of profit and disputed that the provisions of Article 191 of the Constitution of India is not applicable to him in as much as the Municipality Act is a composite code by itself.
After hearing both the parties, the Returning Officer observed that his office is of the opinion that the relevant date which needs to be considered is the date of scrutiny.
“As on the date of scrutiny, the candidate should not attract to himself the provisions of section 16(1). The resignation has been tendered on October 8 and the scrutiny is taken up on October 12. The moment the resignation is tendered, the notification of acceptance may be published subsequently. This would not debar the candidate from contesting elections, but the resignation would come into effect as on the date the same is tendered. This ratio is also laid down by the Apex court in the decision report on JT 1993(2)SC 251. The proposition of law as laid down by the courts is crystal clear that there is no ambiguity on this factor”, observed the Returning Officer, while rejecting the objection.
