PANJIM: Director of Municipal Administration (DMA) Gurudas Pilernekar has dismissed a complaint filed by Jervis Fernandes, seeking the removal of three-time Sanguem councillor Rumaldo Fernandes for alleged misconduct.
In April this year, Jerves Fernandes submitted a complaint to the DMA, alleging that the councillor had fraudulently obtained a construction licence to build a commercial and residential building in Sanguem. Fernandes also claimed that the councillor had engaged in ‘illegal’ construction that violated the terms of the construction license. According to Fernandes, the occupancy certificate for the building was issued without obtaining a completion order from the TCP Department and without a conversion sanad. Fernandes further alleged that the councillor was operating commercial activities in violation of the provisions of the Goa Municipalities Act, 1968.
Councillor Rumaldo Fernandes argued that the DMA lacked jurisdiction to entertain complaints filed by individuals to initiate proceedings or actions under Section 44 of the Goa Municipalities Act, 1968. He contended that the removal of a councillor could only be carried out by the government on its own motion or on the recommendation of the council, and only if the councillor had been found guilty of misconduct in the discharge of their duties or of engaging in disgraceful conduct.
The DMA, in his order, stated that he did not have jurisdiction to entertain the complaint under Section 44 of the Goa Municipalities Act, 1968, for the removal of a councillor from office. The DMA advised the complainant to approach the appropriate authority if they wished to prove the guilt or misconduct of the councillor in the discharge of their duties.
