Davorlim Panch’s disqualification
MARGAO, APRIL 23
The High Court has allowed a petition seeking the disqualification of Davorlim Panch Martinho Rocha in a writ petition filed by Panch member Lenocio Raicar.
The court has, however, stayed the operation of the order upto May 14, 2010 in so far as it declares Rocha’s seat to have become vacant. However, Rocha is directed not to participate in the affairs or business of the Davorlim Village Panchayat in any manner whatsoever during the operation of the stay.
In this case, Lenocio Raicar had moved the High Court for the disqualification of Rocha on grounds that the latter had a pecuniary interest after he entered into a Leave and License agreement with Idea Cellular Ltd, by which he granted a license to the company to erect a tower and installing equipment in connection with cellular mobile telephone network and services.
Rocha submitted that the pecuniary interest under Section 55(4) should arise directly and not indirectly out of the question for consideration in the meeting. He submitted that neither the question that fell consideration at the meeting, namely whether the construction of the tower by Idea Cellular Ltd ought to be approved or not, nor the resolution allowing the same conferred any pecuniary interest in his favour.
While allowing the writ petition, a High Court bench comprising of S J Vazifdar and U D Salvi, found Rocha’s submission not well founded, saying the agreement between Rocha and the Cellular Ltd itself certainly created a pecuniary interest in Rocha’s favour.
“The receipt of this pecuniary interest, i.e. the consideration under the agreement was to commence upon the commencement of the construction work. To construct the tower, permission was required from the village panchayat. Rocha was therefore, materially and substantially interested in the permission being granted in order to implement the agreement and to derive the benefit there under. This interest is clearly pecuniary. The permission was necessary to advance and assist the implementation of the agreement and was accordingly in aid of Rocha’s pecuniary interest which is manifest therein”, the bench said, while asserting that Rocha had a direct pecuniary interest in the resolution being passed in the meeting.
