Team Herald
PANJIM: The High Court of Bombay at Goa has ordered a stay on the order of District & Sessions Court, South staying disqualification of Netravali Sarpanch Rajani Gaonkar and Deputy Sarpanch Abhijit Dessai. The order comes in view of a petition filed by Shiv Sena’s Rakhi Prabhudesai Naik claiming that the order of the trial court was a misinterpretation of the Panchyat Raj Act.
Details in the petition reveals that the District Court had set aside the order of Panchayat Department disqualifying Gaonkar and Dessai who have been accused of imposing tax without taking into confidence the panchayat body.
The High Court allowed the petition that sought an order to stay the operation and execution of the lower court’s order, and the plea of restraining the duo from functioning as Sarpanch and Deputy Sarpanch of local panchayat was also allowed.
“The order of South Goa District court is misinterpreting and misconstruing the provisions of Section 50 (4) of the Goa Panchayat Raj Act, 1994 resulting in failure or miscarriage of justice not only to the petitioner in person or as vice president or spokesman of Shiv Sena but also to all voters and constituents of Gram Sabha of the villge panchayat of Netravali/Neturlim. The consequences of the impugned order are drastic. The respondent will bounce back to power and can also claim to be reinstated as Sarpanch and Deputy Sarpanch of the local panchayat who are persons guilty of or suspected of committing offences under those Section 467, 468, 471, 472 and 420 read with 34 IPC,” the petition stated.
