Panaji: After making a prime facie observation that, “The Democratic process has been overthrowned” in Pancida Siridao-Pale by the government authorities to allow Sarpanch to continue even after he loses the majority, the Bombay High Court in Goa in a temporary order directed that Sarpana must stop continuing in his post .
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and every effort on the respondent’s number.
2 (Jagdish dress) acting as a sarpanch of Pancayat must be seriously handled by the Panchayat Director or Additional Director of Panchayat,” the court was held.
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Deputy Sarpanch Ie Petioner no.
4 will be entitled to use the power to carry out the task of Sarpanch to Sarpanch selected,” The court was held.
The extent to which happened, to allow “Sarpanch to hold fast to power at least, Prima Facie,” sad reflection of how democracy was overthrown at the level of Panchayats grassroots, “said Justice Mahesh Sonak.
The court found the” very disturbing “incident where the democratic process was overthrown .
Panchayat consists of seven members and, on July 16, four of them are the majority applied under Section 51 of the Pancayat Goa Law Raj to hold a special meeting to consider motion not confident to misuse of funds, not taking self-confident members, Abuse of power and encourage illegal construction.
At the meeting was held specifically on the porch of the Panchayat office because the Pancrayat office was mysteriously locked on the day of the movement, four expressed the desire of trust in Sarpana.
The police who were present on the site refused to unlock the Pancrayat office.
“Director addition Then found an error with the movement because the minute was recorded in a notebook and not in the minute book.
There is no illegal or irregular in minutes recording in a notebook related to the situation where the same thing is recorded, “The court stated, adding that the applicant was even pleading that the Pancrayat office was locked and the books and stamps in the Pancrayat office.” To insist that even though this minute should have been recorded in official minutes, once again is an example of a clear dischipe, “added the court.” Additional director should order an immediate investigation of how the Panchayat office is locked on an important date when a special meeting to consider the motion is not confident To be held and take problems with higher authorities as directors.
For the role of the police in not allowing selected representatives to enter the Pancrayat office and hold a special meeting to consider the non-confidence movement, “a court held.
Instead, additional directors continued to find mistakes with non-record minutes in the official minute book and thus tried to Restoring it to Sarpanch’s position, when it was clear that he had lost the support of the majority, the court.
It was stated.
The applicant was represented by Adv Carlos Alvares Ferreira with ADD DD Zaveri and Adv Arjun risen representing other groups.