LAWS(BOM)-2020-7-195

RAHUL NAIK Vs. RAJANI GAONKAR

Decided On July 16, 2020
Rahul Naik Appellant
V/S
Rajani Gaonkar Respondents

JUDGEMENT

(1.) Introduction: Newly elected members of a gram panchayat unanimously resolve to collect parking and garbage fees from the tourists visiting the wildlife sanctuary within its territorial limits. They write to the Government for its approval, too. But before they get the approval, they start collecting the fees. For that, they print receipts and affix Panchayat's stamp on those receipts as well. Someone cries foul and complains to the authorities. The authorities ask the Panchayat to stop collecting the fees. It stops. It all begins and ends in one week.

(2.) The Director of Panchayats, on inquiry, disqualifies the Sarpanch and Deputy Sarpanch alone, and none else. They not only cease to hold office but also get barred from contesting civic polls for the next five years. Is that action justified? Facts:

(3.) Petitioner Rakhi Naik is a resident and voter of Neturlim Garam Panchayat. She claims to be the vice-president of a prominent political party's Goa Unit. She asserts that she has filed this writ petitioner both as an individual voter of the Gram Panchayat and also as the vice-president of the political party.