HC stays impugned order suspending no trust motion against Siridao sarpanch

PANJIM: The High Court of Bombay at Goa on Thursday by an interim order stayed the impugned order of the Additional Director of Panchayats suspending the no-confidence motion passed by majority panchas against the Siridao-Pale sarpanch Jagdish Gauns.
While hearing a writ petition filed by Siridao-Pale panch António José Afonso along with three other members, the court stayed the order of the Additional Director of Panchayats dated August 4, which had suspended the no-confidence motion passed by the majority four panchas.
In a virtual scathing indictment of the Additional Director of Panchayats and the role of the police, Justice Mahesh S Sonak held that prima facie the entire action appears to scuttle and thwart the democratic process and see to it that a person who has been ousted for want of confidence still is able to cling to the chair in total violation of the democratic principles as enshrined in the said Goa Panchayati Raj Act.
The High Court held that Jagdish Gopal Gauns cannot continue as sarpanch since upon passing of no-confidence motion against him and he is deemed to have vacated his office.
The court warned that if Gauns attempts to act as a sarpanch then he will have to be dealt with seriously by the Director of Panchayats or the Additional Director of Panchayats.
The court also said that the deputy sarpanch Melanie D’Souza be entitled to act as the officiating sarpanch until a new sarpanch is duly elected.
The court also issued notices to the panchayat secretary, Tiswadi Block Development Officer (BDO) and the BDO observer Basilio Pires and posted the matter for final hearing and disposal on August 26.
The four panchas namely Antonio Jose Afonso, Vasaudev Kuncolienkar, Camilo Marques and Melanie D’Souza had voted in favour of no-confidence motion during a special meeting held on July 30, even after the panchayat office was locked and police did not allow them to break the lock.
Adv Carlos Alvares Ferreira with Adv Dhaval Zaveri argued on behalf of the petitioners while, Advocate General Devidas Pangam represented the State and Adv Arjun Naik appeared for Jagdish Gauns and two other panchas.