RONNY COLACO Vs. COMMUNIDADE OF MORMUGAO

JUDGEMENT

(1.) Rule. Rule returnable forthwith. Heard by consent.

(2.) By this petition, the petitioner seeks a writ of certiorari to set aside the Order dated 29. 01. 2007 passed by the respondent No. 4 the administrative Tribunal in Communidade Appeal No. 21/06 to the extent that the Tribunal did not declare the petitioner as elected to the post of Attorney of the said Communidade after setting aside the election of the elected candidate for the triennium 2007-2010. The Tribunal has directed that a general Body of the Communidade be convened for conducting a fresh election of Attorney within 45 days of the receipt of the Order. The relevant facts are these :-The petitioner and the respondent No. 3 contested the elections for the post of Attorney of the Communnidade of Mormugao in the elections held on 3. 12. 2006. There were no other candidates. Upon the election of the third respondent, the petitioner challenged his election on the ground that the respondent No. 3 was ineligible for being chosen as a member of the Administrative Board of the Commundiade for the triennium 2007-2010 since he had already served as a Member of the Administrative board, that is as an Attorney during the earlier term 2004-2007. The petitioner pleaded a bar to that effect contained in Article 50 of the Code of Comunidade. The Tribunal agreed with the petitioner and set aside the election of the third respondent. It however refused to declare the petitioner as elected. Hence this petition.

(3.) Mr. Thali, the learned counsel for the petitioner contended that since there were two candidates only and the respondent No. 3 having been disqualified, the Tribunal was bound to declare the petitioner elected in his place instead of ordering a fresh election.