Socorro deputy sarpanch disqualified
HERALD REPORTER
PANJIM, JULY 17
The Bombay High Court at Goa Friday disqualified a panch member of Socorro panchayat for casting his vote in panchayat resolution despite his pecuniary interest in the subject.
The High Court disqualified deputy sarpanch of Socorro village Sanjay Pednekar for participating in a meeting of the panchayat called to decide among other things about granting occupancy certificate to Sebastiao Antonio Pinto Rosario.
The petitioner Agnelo Lobo, ex sarpanch had stated that Pednekar ought not to have participated in the meeting held on March 15, 2008 and voted in the decision as he had direct pecuniary interest.
Pednekar on December 7, 2007 had entered into a contract with Rosarios for construction of a bungalow as a contractor, according to Lobo.
The petitioner had also complained to State EC but his prayer was turned down on the ground that it has no jurisdiction to decide on this issue.
Lobo, through his counsel submitted that in terms of Section 12 of the Goa Panchayat Raj Act any member of panchayat votes or takes part in the discussion in contravention of the provisions of sub-section 4 of section 55, his seat shall be deemed to be or to have become as the case may be vacant.
Under sub-section 2 of section 12 there is automatic disqualification once the aforesaid act is committed by a member and no authority is prescribed to determine the disqualification under the Act as seat becomes vacant.
Upholding the contention of the petitioner, the Division Bench comprising Justices B P Dharmadhikari and U D Salvi passed the order disqualifying deputy sarpanch of Socorro.
However, the court has granted him temporary relief in terms of stay till September 1, to allow him to go in appeal. Meanwhile, a disqualification petition is pending against another member of the Socorro; this one over OBC certificate.
