KAMLAKANT D NAIK Vs. COLLECTOR OF NORTH GOA

JUDGEMENT

(1.) THIS writ petition under Article 226 of the Constitution raises some interesting questions relating to the interpretation of provisions of the Goa Panchayat Raj Ordinance, 1994 (for short the Ordinance) which was holding the field only for a short while from April 20, 1994 till July 9, 1994 when it was replaced by the Goa Panchayat Raj Act, 1993 (for short the Act ). The facts leading up to this petition may be briefly narrated before examining the questions raised in this petition.

(2.) RESPONDENT No. 4 is a Village Panchayat established under section 3 of the Goa, Daman and Diu Village Panchayats Regulation, 1962 (for short the Regulation of 1962 ). The said Panchayat consists of 9 members. The petitioner and the respondent Nos. 5 to 12 are the members of respondent No. 4. The petitioner was elected as Sarpanch, that is, Chairman of respondent No. 4 on April 6, 1992.

(3.) SEVEN members of respondent No. 4, namely, respondent Nos. 5 to 11, gave a notice of motion of no-confidence against the petitioner on April 8, 1994 wherein it was stated that these members had no-confidence in the petitioner as Sarpanch due to certain reasons and requested the Secretary of respondent No. 4 to take necessary decision at the earliest.