GEORGINA ISIDORIO MASCARENHAS Vs. GOA STATE ELECTION COMMISSIONER

JUDGEMENT

(1.) RULE . Rule made returnable forthwith. Shri Joshi, learned Counsel waives service on behalf of the first respondent. The second respondent, Shri Aleixo A. Pereira, in person. Heard finally with the consent of the parties.

(2.) BY this petition, the petitioner is challenging the order dated 11.06.2015, passed by the first respondent, Goa State Election Commissioner in Petition No. 1/2015. By the impugned judgment, the Election Commissioner has disqualified the petitioner from being a Member of the Village Panchayat of Majorda -Utorda -Calata, Salcete Goa, under Section 10(f) of the Goa Panchayat Raj Act, 1994 (the Act of 1994, for short).

(3.) THE brief facts are that the second respondent is a voter and is a resident of House No. 150 of Village Panchayat of MajordaUtorda -Calata, Salcete, Goa. The petitioner happens to be an elected representative from Ward No. II of the said Village Panchayat. It is not in dispute that the husband of the petitioner, Isidorio Mascarenhas @ Eggie Mascarenhas, is a businessman and is in the business of supplying sound system. According to the case made out by the second respondent, before the first respondent (Goa State Election Commission), it was alleged that the meeting of the Gram Sabha was called on 12.04.2015, which was attended by the second respondent and by the elected representatives of the said Panchayat. The second respondent had raised the issue about hiring of mike/sound system for the Gram Sabha meeting, from Isidorio Mascarenhas @ Eggie Mascarenhas, i.e. the husband of the petitioner. It was alleged that the petitioner informed that the said sound system was hired from one Henry Mascarenhas. It appears that the second respondent obtained certain information under Right to Information Act about the payments made to the persons from whom the sound system was hired for the Gram Sabha meetings for the past two years. In pursuance thereof, the second respondent obtained copies of certain receipts/vouchers.