Mormugao comunidade panel can take charge: HC
HERALD CORRESPONDENT
CORTALIM, JULY 7
The High Court of Bombay at Goa has struck down a State government order staying the handing over charge to the newly elected Managing Committee of the Comunidade of Mormugao.
The High Court was disposing of a writ petition filed by the newly elected members of the Comunidade Managing Committee.
Coming down heavily on the State government, the Division Bench comprising Justice A S Oka and Justice F M Reis held that the government had no powers to direct the elected Managing Committee not to take charge and its action was completely illegal and had to be set aside.
Acting on a complaint filed by some components after the Comunidade elections, alleging irregularities in the election process and relying on an amendment to Article 49 of the Code of Comunidades, the Government issued directions not to hand over charge to the newly constituted Managing Committee till thorough inquiry was conducted and action taken.
The High Court however held that the proviso to Article 49 inserted under an amendment did not empower the government to intervene ones the elections are held. Hence the government cannot prevent a newly elected managing committee from taking charge and discharging its duties on the ground of irregularities in the election.
The elections can be annulled or set aside only by the Administrative Tribunal in exercise of appellate powers.
When contacted, petitioner Menino Henriques expressed satisfaction on the verdict and said that the new committee would work in right earnest and safeguard the interest of the Comunidade.
Reacting to the judgment, South Goa Comunidades Standing Committee President John Phillip Pereira said that the verdict had exposed the culprits and their evil designs and demanded that the government take action against whosoever is responsible.
