Case Note & Summary
The petitioner, Damodar R. Naik, was an able component of the Communidade of Sancoale. He was elected as substitute attorney on 3/12/2006 for the triennium 2007-2009 and took oath on 3/03/2007, but never actually acted as attorney during that triennium. Subsequently, he was elected as President of the Communidade on 6/01/2009 for the triennium 2010-2012. Respondent No.1 challenged this election before the Administrative Tribunal, which set aside the election on the ground that the petitioner was a member of the Managing Committee for the triennium 2007-2009 and therefore disqualified under Article 50 of the Code of Comunidades, 1961. The petitioner filed a writ petition in the Bombay High Court at Goa. The Court examined Articles 40, 41, and 50 of the Code. Article 40 states that the Managing Committee consists of a president, attorney, and treasurer. Article 41 provides for election of the Managing Committee from among able components. Article 50 (substituted) disqualifies persons who have 'already served as members of the Managing Committee' from being elected before the lapse of three years. The Court noted that the petitioner was elected as substitute attorney, which is a member of the Managing Committee, but he never served as attorney. The Court interpreted 'served as members' to mean actual functioning, not mere election or oath-taking. Since the petitioner never acted as attorney, he did not 'serve' as a member. The Court also considered that the petitioner's election as substitute attorney was for the triennium 2007-2009, but he never acted, so he was not a 'member who served'. The Court allowed the writ petition, set aside the Tribunal's order, and restored the petitioner's election as President.
Headnote
A) Interpretation of Statutes - Code of Comunidades - Articles 40 and 50 - Disqualification for Re-election - The issue was whether a substitute attorney who was a member of the Managing Committee for the triennium 2007-2009 but never acted as attorney is disqualified from being elected as President for the next triennium 2010-2012 under Article 50 of the Code of Comunidades, 1961. The Court held that Article 50 disqualifies only those who have 'already served as members of the Managing Committee' and that the petitioner, having been elected as substitute attorney but never having acted as attorney, did not 'serve' as a member. The Court distinguished between being a member and serving as a member, and held that the disqualification applies only to those who actually functioned as members. (Paras 7-14)
Issue of Consideration
Whether a person who served as a substitute attorney (member of Managing Committee) for a triennium but never acted as attorney is disqualified from being elected as President for the next triennium under Article 50 of the Code of Comunidades, 1961.
Final Decision
The Court allowed the writ petition, set aside the order of the Administrative Tribunal dated 12/03/2010, and restored the petitioner's election as President of the Communidade of Sancoale for the triennium 2010-2012.
Law Points
- Interpretation of statutes
- Election disqualification
- Managing Committee membership
- Substitute attorney
- Code of Comunidades
- 1961
