HC directs Mamlatdar to declare Zambaulim temple panel results

Team Herald

PANJIM: The High Court of Bombay at Goa on Friday directed the Sanguem Mamlatdar/Administrator to declare the results of the elections held to elect the new managing committee Shree Ramnath Devasthan Saunsthan, Zambaulim within a week and to hand over the charge to the new managing committee within five days from the declaration of results.

The elections to elect the new managing committee was earlier scheduled on March 13 this year and rescheduled on March 20 but the results were not declared as some of the Mahazans filed a writ petition challenging the decision of the managing committee to delete the names of 2352 Mahazans out of a total of 3084 including the petitioners from the list of capable Mahazans entitled to vote to elect the new managing committee.

By an interim order, the Court had allowed elections but had directed the Sanguem Mamlatdar/ Administrator of Devalaya to maintain separate ballot boxes separately.

The managing committee had deleted the names of 2352 Mahazans on the sole ground that they allegedly do not have a permanent residence in Goa and that as per Articles 6 and 9 of the bye-laws, they are not entitled to vote. 

Arguing on behalf of the petitioners, Adv J P Mulgaonkar told the Court that on account of historical reasons like the inquisition and forcible conversion, several Mahazans had to flee from Goa while it was under Portuguese rule. But after liberation, the position is different. He said that the provisions of the bye-laws are required to be construed, bearing in mind the historical perspectives and the provisions of the Constitution of India.

Adv Mulgaonkar further said that Article 6 had nothing to do with elections and that it does not prevent non-Goan Mahazans from voting in elections. In the absence of any clear provision in the Devasthan Regulations or the bye-laws, the right to vote that has been exercised for several decades could not be denied, he said.

The petitioners stated that the managing committee by proposing such large-scale deletions had altered the status quo prevalent for at least the last 30 years or thereabouts. 

Adv S G Bhobe, counsel for the managing committee said that it was strange that the petitioners do not seek the right to contest elections but restrict their relief only to vote at such elections. He submitted that grant of any such relief to the petitioners will disturb the level playing field and the petitioners have chosen not to press the right to contest elections, and cannot now be granted the limited relief of the right to vote. 

Advocate General Devidas Pangam submitted that non-Goan Mahazans have a right to participate in the meetings of the Mazanias and even vote there on all subjects except at elections to the managing committee.