WILMA PACHECO Vs. PRESIDENT ADMINISTRATIVE TRIBUNAL GOA

JUDGEMENT

(1.) THE petitioner and respondent No. 2 filed nominations from Ward No. 7 reserved for women for election to the Village Panchayat of Colva. The nomination papers of respondent No. 2 were rejected as a result of which the petitioner was the lone candidate in the fray, due to which the petitioner was declared duly elected on 28-12-1996 in the reserved seat of Ward No. 7 of the Village Colva. Respondent No. 2 filed election petition under section 16 (1), read with sections 20 (1) (a), 20 (1) (d) (i) and 10 (d) of the Goa Panchayat Raj Act, 1994 (hereinafter called as "the said Act" ).

(2.) THE election petition was filed on the ground that the petitioner was in arrears to the Panchayat in the sum of Rs. 2,41,125/- and the said arrears were cleared only on 26-12-1996, which was the date of scrutiny of nomination papers. In view of the same, it was urged by respondent No. 2 in the said election petition that the nomination of the petitioner was improperly accepted in violation of section 10 (d) of the said Act.

(3.) THE election petition was allowed by the Administrative Tribunal vide Judgment dated 15-7-1999 and the election of the petitioner was declared as void and set aside. It is against this order that the petitioner has invoked the writ jurisdiction of this Court. The Tribunal found that the petitioner was in arrears of dues to the Panchayat for more than 3 months and, as such, was disqualified under section 10 (d) of the said Act. Notification dated 16-6-1971 prescribing the period of three months for the purpose of Clause 11 (j) of the Goa, Daman and Diu Village Panchayat Regulation, 1962 (hereinafter referred to as "the Regulation") was pressed into service by virtue of section 245 of the said Act.