In a significant development, the South Goa District Court has quashed the order of disqualification issued by the Salcete Block Development Officer (BDO) against four members of the Rumdamol Panchayat.
The order, passed by Additional District and Sessions Judge Pooja Kavlekar, found serious flaws in the reasoning behind the BDO’s decision. The judge pointed out that the BDO’s order lacked independent reasoning and appeared to be a verbatim copy of one party’s written submissions, even reproducing grammatical errors.
Despite setting aside the disqualification, the legal battle is far from over. The court has remanded the matter back to the Salcete BDO, directing a fresh hearing and review of the written arguments. Proceedings will resume on September 1, 2025, with both the complainant, Mukesh Naik, and the four panchayat members – Mubina Faniband, Samuilla Faniband, Mustaka Dodamni, and Zubeda Agasar – required to appear before the BDO.
Judge Kavlekar noted that while quasi-judicial authorities like the BDO are not expected to write judgments like trained judges, they cannot avoid the responsibility of providing clear reasoning for their findings. The court stressed that disqualification of elected representatives is a serious punitive action and must be supported by well-reasoned conclusions.
The court also criticized the BDO’s interpretation of Section 55(4) of the Goa Panchayat Raj Act, which deals with disqualification due to pecuniary interest. The judge observed that the BDO concluded the members had pecuniary interest merely because they attended and discussed an issue in a meeting.
“Mere participation and discussion in a meeting and failure to take action cannot be an indicator of a pecuniary interest,” the judge stated, adding that there was no clear evidence or reasoning to substantiate the charge.
Emphasizing the need for fairness and independence in the decision-making process, Judge Kavlekar instructed the BDO to reconsider the matter without being influenced by the court’s observations and to deliver a reasoned, lawful order.
The upcoming hearing before the Salcete BDO on September 1 is expected to set the course for the next phase of this legal dispute, which has drawn attention due to its implications for local governance and the accountability of administrative authorities.