Case Note & Summary
The petitioner, a registered voter from Ward No.II of Arambol Village, filed a writ petition seeking a declaration that Respondent No.4, a Panch of the Village Panchayat of Arambol, stood disqualified under Section 12(1)(d) of the Goa Panchayat Raj Act, 1994. The petitioner alleged that Respondent No.4 voted on Resolution No.6/4 passed on 28 June 2017, which concerned regularization of House No.299 in property bearing Sy.No.176/9 and 176/10. The house belonged to the husband of Respondent No.4's husband's brother (i.e., her brother-in-law). The petitioner argued that Respondent No.4 had a pecuniary interest in the resolution, as it benefited her family member, and thus she contravened Section 55(4) of the Act, which prohibits a member from voting on any question in which they have a pecuniary interest. The court heard arguments from the petitioner's advocate, Mr. Abhijit Gosavi, and the respondents' advocates. The court examined the resolution and the relevant provisions. It noted that the pecuniary interest must be direct and personal to the member, not merely derivative or based on family relationship. Since the resolution pertained to a property owned by the husband's brother, not by Respondent No.4 herself or her husband, the interest was too remote. The court held that there was no disqualification and dismissed the petition.
Headnote
A) Panchayat Law - Disqualification - Pecuniary Interest - Section 12(1)(d) and Section 55(4) of Goa Panchayat Raj Act, 1994 - The petitioner sought disqualification of a Panch for voting on a resolution regularizing a house owned by her husband's brother. The court held that pecuniary interest must be direct and personal to the member; an indirect interest as a family member of the beneficiary does not constitute disqualification. The petition was dismissed. (Paras 2-5)
Issue of Consideration
Whether Respondent No.4, a Panch, had a pecuniary interest in Resolution No.6/4 regarding regularization of House No.299, which belonged to her husband's brother, thereby attracting disqualification under Section 12(1)(d) read with Section 55(4) of the Goa Panchayat Raj Act, 1994.
Final Decision
The petition is dismissed. No order as to costs.
Law Points
- Pecuniary interest must be direct and personal
- not derivative or family-based
- Section 12(1)(d) of Goa Panchayat Raj Act
- 1994
- Section 55(4) of Goa Panchayat Raj Act
- Quo Warranto
- Disqualification of Panch
