LAWS(BOM)-2007-3-23

JOSEPH SIQUEIRA Vs. STATE OF GOA

Decided On March 13, 2007
SHARMILA S.CHODANKAR Appellant
V/S
JOSEPH VAZ Respondents

JUDGEMENT

(1.) HEARD learned Counsel for the petitioners and the respondents as also the Counsel for the intervenor. Rule, returnable forthwith and decided finally with the consent of the Counsel.

(2.) THIS writ petition has been filed by the Sarpanchas of various village Panchayats in the State of Goa, seeking the relief to call for the records of the respondents and examine the so called policy decision of the respondent No. 1 i. e. the State of Goa and also the Order dated 13. 12. 2006 passed by the State Election Commissioner, respondent No. 4 and for directions commanding the respondents to forthwith declare the programme of elections to 185 Village Panchayats, so as to fulfill the constitutional mandate and constitute the Panchayat bodies.

(3.) THERE is a brief history behind this petition. The general elections to 185 Village Panchayats, out of 189 Village Panchayats in the state of Goa were held on 20. 1. 2002, the results of which were declared on 22nd-23rd January, 2002. The first meeting in respect of all the 185 Village panchayats was held on 31. 1. 2002. The term of Village Panchayats is for a period of five years, which has now expired on 30th January, 2007. Before expiry of five years' term of all these Village Panchayats, respondent No. 4 addressed various correspondence to the respondents No. 1. However, since there was no response from the respondent No. 1, respondent No. 4, State election Commission approached this Court by filing a writ petition being writ Petition No. 563/2006. In this writ petition, an order came to be passed on 6. 12. 2006, which is as under :