BERNARDO FERNANDES Vs. STATE OF GOA

JUDGEMENT

(1.) The Petitioner has challenged a Judgment dtd. 3/9/2024 passed by the Principal District Judge, Panaji dismissing Panchayat Revision Application No.32/2024; by the impugned Judgment of 3/9/2024, the District Court has confirmed an order dtd. 23/4/2024 passed by the Director of Panchayats in Panchayat Case No. DP/COMP./21/2023 by which the Director of Panchayats (DOP) has exercised jurisdiction in terms of Sec. 210-A of the Goa Panchayat Raj Act (the Act) and removed the Petitioner as a member of the Village Panchayat of Arambol with immediate effect, and rendered him ineligible to be re-elected as a Panchayat Member for the next three years.

(2.) The impugned orders are sought to be assailed, invoking this Court's jurisdiction under Article 227 of the Constitution of India on the following, amongst other grounds:

(3.) The Respondent No.2 has filed an affidavit in reply to the petition bringing on record various documents and orders in PIL (Suo Motu) WP No.3/2023 and WP No.724/2023, to contend that the Petitioner, his brothers, sister and other family members were all Respondents in the aforementioned Writ Petitions and have filed their affidavits therein; the DOP contends in the affidavit that the Show Cause Notice refers to the records of these petitions and the basic allegation against the Petitioner, that, first as a Sarpanch of Village Panchayat Arambol and as a Panchayat Member of Girkar Ward, from which the Petitioner was an elected representative/member in the Panchayat, he was fully aware of all the illegal constructions in this Ward, including his own or of his family members; it is further alleged that in terms of Sec. 210-A of the Act, and based upon the record of these petitions and the orders passed by this Court therein, a Show Cause Notice was served under Sec. 210-A , calling upon the Petitioner as to why he should not be removed from office.