LAWS(BOM)-2010-4-136

LENOCIO RAICAR Vs. MARTINHO ROCHA

Decided On April 13, 2010
LENOCIO RAICAR Appellant
V/S
MARTINHO ROCHA Respondents

JUDGEMENT

(1.) Respondents No.2, 3 and 4 are the State of Goa, the Village Panchayat of Davorlim-Dicarpale and the Director of Panchayats, respectively.

(2.) The petitioner has sought a declaration that respondent No.l is deemed to be disqualified under Section 12(l)(d) of the Goa Panchayat Raj Act, 1994 ("the said Act" for short), and the seat has, therefore, become vacant. The petitioner has also sought a writ of mandamus, directing respondent No.l to forbear from functioning or acting as a Member/Panch and Sarpanch of respondent No.3-Village Panchayat of Davorlim-Dicarpale.

(3.) Sections 12(l)(d) and 55(4) of the said Act read as under :