ANTONIO MAXIMIANO PEREIRA Vs. STATE OF GOA

JUDGEMENT

(1.) Heard Mr. Kantak, learned Senior Counsel for the petitioner, Shri Dattaprasad Lawande, learned Advocate General appearing for respondents No.1,2,3 and 6, Mr. C.A. Ferreira, learned Counsel for respondent No.5 and Mr. J. P. Mulgaonkar, learned Counsel for respondent No.4.

(2.) Rule. With the consent and request of the learned Counsels for the parties Rule is returnable forthwith.

(3.) The challenge in this petition is to the declaration of the respondent No.5 as elected to the post of Attorney in the Managing Committee of the Communidade of Mormugao. It is the case of the petitioner that the petitioner was declared as elected to the post of Attorney. However, after the conclusion of the election process, the Presiding Officer and the Managing Committee members entertained oral plea made by respondent No.5 for recounting of votes and on the basis of such recounting, which was behind the back of the petitioner, declared the respondent No.5 as elected to the post of Attorney, in place of the petitioner.