PRACHI NARAYAN NAIK Vs. STATE OF GOA

JUDGEMENT

(1.) Heard Mr. S.S. Kantak, learned Counsel with Mr. Athnain Naik and Ms. Aleesha Dos Reis Falcao, learned Advocates for the petitioner, Mr. D.J. Pangam, learned Advocate General with Mr. V. Sardessai, learned Additional Government Advocate for the respondents Nos. 1,2 and 6, Mr. D.J. Pangam and Mr. P. Sawant, learned Advocates for the respondent No.3.and Mr. S.D. Lotlikar, learned Senior Counsel with Ms. J. Karn, learned Advocate for the respondent No.5.

(2.) The challenge in this petition is to the election of respondent No.5 as a member of the Village Panchayat of Sancoale. Mr. Kantak, learned Senior Counsel for the petitioner submits that in this case the recount was vitiated for several reasons and this is a case of fundamental breach of the provision of the Panchayat Raj Act,1994 and the Rules made thereunder. He submits that the recount in the present case, was vitiated by what he chooses to describe the principle of scotomisation which was adopted by the Returning Officer when it came to the recount of the votes.

(3.) In this case we have perused the various allegations in the petition as well as the response filed by the contesting respondents. According to us, disputed questions arise, which may not be possible to be resolved in the exercise of our extraordinary jurisdiction under Article 226 of the Constitution of India. What described as fundamental violations of the provisions of the said Act and the Rules may also involve adjudication into factual disputes before we can determine whether such violations are indeed made out by the petitioner.