Case Note & Summary
The petitioner, Communidade of Pilerne, challenged orders dated 9/11/2012 passed by the Administrative Tribunal, Goa, which dismissed its appeals and confirmed the order of the Administrator of Communidades of North Zone, Mapusa. The Administrator had directed the petitioner to include the names of the respondents in the list of able components for the Communidade elections. The respondents, Somakant Laximan Pilankar, Jonathan Fernandes, and Cosmas Francis Fernandes, claimed to be Gaonkars of the Communidade and had applied for inclusion in the list of able components, which was published on 31/08/2012 under Article 42 of the Code of Communidades. The petitioner opposed the applications, arguing that the respondents were not able components as they had not paid contributions and that the Administrator lacked jurisdiction to entertain such applications. The Administrator, however, allowed the applications, holding that the respondents were Gaonkars and had passed the fourth standard Portuguese examination, thus satisfying the condition of ability to read and write Portuguese. The Administrative Tribunal upheld the Administrator's order. The High Court, exercising jurisdiction under Article 227 of the Constitution of India, examined the provisions of the Code of Communidades, particularly Article 42, which requires the Communidade to publish a list of able components. The Court noted that the list of able components is distinct from the list of voters, and that payment of contribution is a condition for voting, not for inclusion in the list of able components. The Court held that the Administrator had the jurisdiction to entertain applications for inclusion and to direct the Communidade to include names if the applicant is a Gaonkar and able to read and write Portuguese. The Court found that the respondents had established their Gaonkar status and ability to read and write Portuguese, and that the petitioner's objections were without merit. Consequently, the High Court dismissed the writ petitions, upholding the orders of the Administrator and the Tribunal.
Headnote
A) Code of Communidades - List of Able Components - Administrator's Jurisdiction - Article 42 of the Code of Communidades - The Administrator has the jurisdiction to entertain applications for inclusion of names in the list of able components and to direct the Communidade to include such names if the applicant is a Gaonkar and able to read and write Portuguese. The Court held that the Administrator's order directing inclusion of the respondents' names was within his powers and did not suffer from any jurisdictional error. (Paras 2-10) B) Code of Communidades - Gaonkar Status - Requirement for Inclusion - Article 42 of the Code of Communidades - The respondents, being Gaonkars of the Communidade of Pilerne, are entitled to be included in the list of able components if they satisfy the condition of ability to read and write Portuguese. The Court held that the Communidade's failure to include their names was a violation of Article 42. (Paras 3-8) C) Code of Communidades - Ability to Read and Write Portuguese - Condition for Inclusion - Article 42 of the Code of Communidades - The condition of ability to read and write Portuguese is a prerequisite for inclusion in the list of able components. The Court noted that the respondents had passed the fourth standard Portuguese examination, thereby satisfying this condition. (Paras 5-7) D) Code of Communidades - Payment of Contribution - Not a Condition for Inclusion in List of Able Components - Article 42 of the Code of Communidades - The payment of contribution is not a condition for inclusion in the list of able components; it is a condition for voting. The Court held that the Communidade's objection regarding non-payment of contribution was irrelevant for the purpose of inclusion in the list of able components. (Paras 8-10) E) Constitution of India - Supervisory Jurisdiction - Article 227 - The High Court, in exercise of its supervisory jurisdiction under Article 227, can interfere with orders of the Administrative Tribunal if they suffer from jurisdictional error or perversity. The Court held that the Tribunal's order confirming the Administrator's order did not warrant interference. (Paras 2, 10)
Issue of Consideration
Whether the Administrator of Communidades has the jurisdiction to direct inclusion of names in the list of able components under Article 42 of the Code of Communidades, and whether the respondents are entitled to be included in the said list.
Final Decision
The High Court dismissed all three writ petitions, upholding the orders of the Administrator and the Administrative Tribunal. The Court held that the Administrator had jurisdiction under Article 42 of the Code of Communidades to direct inclusion of names in the list of able components, and that the respondents, being Gaonkars and able to read and write Portuguese, were entitled to be included. The Court also held that non-payment of contribution is not a condition for inclusion in the list of able components.
Law Points
- Administrator's jurisdiction under Article 42 of the Code of Communidades to include names in the list of able components
- Gaonkar status as a prerequisite for inclusion
- requirement of ability to read and write Portuguese
- no requirement of payment of contribution for inclusion in list of able components
- distinction between list of able components and list of voters
- scope of Article 227 of the Constitution of India
