PRAKASH V.GAUDE Vs. VILLAGE PANCHAYAT

JUDGEMENT

(1.) Heard Mr. D. Pangam, learned Counsel appearing for the Petitioner and Mr. G. Teles, learned Counsel appearing for the respondent No.2.

(2.) The petitioner by the above petition, inter alia, prays for a declaration that the respondent No.2 has incurred disqualification under Sec. 12(1)(d) of the Goa Panchayat Raj Act, 1994 and consequently, ceases to be a Member of the Village Panchayat of Usgao-Ganjem.

(3.) Briefly, the facts of the case, as stated in the petition, are that the respondent No.2 preferred an application dtd. 30/11/2012 before the respondent No.1 for permission to repair the house bearing House No.90/1. It is further contended that the said application was placed before the fortnightly meeting of the respondent No. 1 and was passed unanimously. It is further the contention of the petitioner that as the respondent No.2 had pecuniary interest in such Resolution passed by the respondent No.1, the respondent No.2 stands disqualified from continuing to be a Member of the respondent No.1. It is further pointed out that consequently, appropriate directions be issued to the effect that the respondent No.2 ceases to be a Member of the respondent No.1.