DYANESHWAR NARSO NAIK Vs. STATE OF GOA

JUDGEMENT

(1.) Rule. Made returnable forthwith.

(2.) The petitioner has sought a writ of quo-warranto directing respondent No.3 to discontinue functioning as a member of respondent No.2 Village Panchayat and for a declaration that she has been disqualified to be such member and her office has become vacant under the provisions of Section 12(1)(d) r.w. Section 55(4) of the Goa Panchayat Raj Act, 1994.

(3.) Respondent No.3 is the elected member of the Village Panchatyat. She is stated to have participated in the meeting concerning a matter in which she has pecuniary interest. That matter was the renewal of construction licence issued to her husband. The licence was initially issued on 10th March, 2010. It would expire on 9th March, 2013. The meeting with regard to the renewal of the licence was held on 16th March, 2013 when the licence had already expired. It was resolved to grant the licence to her husband in the meeting dated 16th March, 2013. The renewal licence was actually granted on 21st March, 2013 after the initial licence had expired. It has been renewed from 10th March, 2013 to 9th March, 2014.