Jua comunidade member’s disqualification set aside

PANJIM: The High Court of Bombay at Goa has set aside a resolution passed by the Comunidade of Jua on February 16, 2014, disqualifying its member Cipriano Agnelo Ribeiro.

PANJIM: The High Court of Bombay at Goa has set aside a resolution passed by the Comunidade of Jua on February 16, 2014, disqualifying its member Cipriano Agnelo Ribeiro.
The order was passed by the division bench comprising Justice Nutan D Sardessai and F M Reis. The order came in a petition filed by Ribeiro, Chairman of Tarjem-Vavoi Tenant’s Association where he had challenged the resolution passed by the Jua comunidade.
The petition was filed before the HC challenging the resolution on the ground that the subject of disqualification did not form part of the agenda in the extraordinary meeting as such was illegal, null and void.
Ribeiro’s advocate contended that there was no provision in the code of comunidade which empowered the committee to disqualify a person of his membership.
He also contended that the comunidade does not have the power to disqualify the member and even otherwise the resolution is contrary to the rules of natural justice since prior notice was not issued to the petitioner either prior to the meeting or thereafter.

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