Case Note & Summary
The petitioner, Dyaneshwar Narso Naik, filed a writ petition seeking a writ of quo-warranto to direct respondent No.3, Deepa S. Naik, to discontinue functioning as a member of the Village Panchayat of Usgaon-Ganje, and for a declaration that she is disqualified and her office has become vacant under Section 12(1)(d) read with Section 55(4) of the Goa Panchayat Raj Act, 1994. The dispute arose because respondent No.3 participated in a meeting of the Panchayat on 16th March 2013 concerning the renewal of a construction licence issued to her husband. The licence was initially issued on 10th March 2010 and expired on 9th March 2013. The meeting resolved to grant the renewal, and the licence was actually renewed on 21st March 2013 for the period from 10th March 2013 to 9th March 2014. It was not disputed that the licence was issued to the husband of respondent No.3. The court relied on the Supreme Court decision in Zelia M. Xavier Fernandes E. Gonsalves Vs. Joana Rodrigues & Ors (2012) 3 SCC 188, which held that under Articles 1098 and 1108 of the Portuguese Civil Code, 1860, there is a principle of communion of acquired properties between spouses, and therefore a wife has pecuniary interest in the properties of her husband. Consequently, respondent No.3 had pecuniary interest in the resolution regarding the renewal of her husband's licence. The court found that her participation in the meeting attracted disqualification under Section 12(1)(d) of the Act. The court allowed the petition, issued a writ of quo-warranto, and declared that respondent No.3 is disqualified and her office as a member of the Village Panchayat has become vacant.
Headnote
A) Panchayat Law - Disqualification of Member - Pecuniary Interest - Section 12(1)(d) r/w Section 55(4) Goa Panchayat Raj Act, 1994 - The petitioner sought a writ of quo-warranto against respondent No.3, an elected member of the Village Panchayat, for participating in a meeting regarding renewal of a construction licence issued to her husband. The court held that under the Portuguese Civil Code, 1860 (Articles 1098 and 1108), a wife has pecuniary interest in her husband's properties due to communion of acquired properties. Therefore, respondent No.3 had pecuniary interest in the resolution and was disqualified. The court directed her to discontinue as a member and declared her office vacant. (Paras 1-5)
Issue of Consideration
Whether respondent No.3, a member of the Village Panchayat, is disqualified under Section 12(1)(d) read with Section 55(4) of the Goa Panchayat Raj Act, 1994 for participating in a meeting concerning renewal of a construction licence issued to her husband, in which she had pecuniary interest.
Final Decision
The court allowed the petition, issued a writ of quo-warranto directing respondent No.3 to discontinue functioning as a member of the Village Panchayat, and declared that she is disqualified and her office has become vacant under Section 12(1)(d) read with Section 55(4) of the Goa Panchayat Raj Act, 1994.
Law Points
- Pecuniary interest of spouse in property under Portuguese Civil Code
- Disqualification for participating in meeting with pecuniary interest
- Section 12(1)(d) Goa Panchayat Raj Act
- 1994
- Section 55(4) Goa Panchayat Raj Act
- Writ of quo-warranto
