RATNAKAR GOVIND PARAB Vs. COLLECTOR OF GOA

JUDGEMENT

(1.) The petitioner here challenges the legality of the show cause notice issued to him on May 22, 1987 regarding his removal from the office of the membership of the village panchayat of Usgaon-Ganjem.

(2.) The Usgaon-Ganjem village panchayat had nine elected members. The petitioner was one of them. On certain allegations made against him, he was served with a notice under Regulation 25 of the Goa, Daman and Diu Village Panchayats Regulations and Rules, 1962 (hereinafter referred to as "the said Regulations") on May 22, 1987 to show cause why he should not be removed from the office of the membership of the said village panchayat. In view of only the challenge to the validity of this notice which is a pure and simple question of law it is not necessary to go into the allegations and counter-allegations mentioned in the notice and a reply thereto.

(3.) Mr. Dias, learned Counsel appearing for the petitioner, made a short submission that the notice under Regulation 25 of the said regulations had to be given to the panchayat and not to an individual member and since the notice here was given to the individual member of the panchayat (i.e. the petitioner) the notice is bad in law and cannot be sustained. Mr. Bhobe, learned Government Advocate, controverted this argument by submitting that since it was a particular member who was sought to be removed, a notice to him was necessary to comply with the principles of natural justice.