Case Note & Summary
The petitioner, Edwin Rodrigues, filed a writ petition seeking disqualification of respondent no.1, Maria Leena Da Cunha, a panch member of the Village Panchayat of Curca, Bambolim & Talaulim, under Section 12(1)(d) read with Section 55(4) of the Goa Panchayat Raj Act, 1994. The facts were that on 06.06.2013, a bull/cow fell into a well in Ward No.II, and respondent no.1 claimed to have removed it and sought reimbursement of Rs.2000/-. On 02.07.2013, the panchayat paid her the amount. In a meeting on 10.07.2013, the payment was approved by a resolution. The petitioner contended that respondent no.1 had a pecuniary interest in the resolution and thus incurred disqualification. However, it was noted that on 25.07.2013, respondent no.1 returned the amount to the panchayat. The court observed that the disqualification under Section 12(1)(d) read with Section 55(4) applies when a member has a pecuniary interest in a matter before the panchayat and participates in the meeting. Since respondent no.1 had returned the amount before the meeting, she had no pecuniary interest at the time of the resolution. The court held that the disqualification was not attracted and dismissed the petition.
Headnote
A) Goa Panchayat Raj Act - Disqualification - Pecuniary Interest - Sections 12(1)(d) and 55(4) - The petitioner sought disqualification of a panch member who allegedly had pecuniary interest in a resolution approving payment of Rs.2000/- to her for rescue of a bull/cow. The court held that since the respondent no.1 had returned the amount to the panchayat before the meeting, she had no subsisting pecuniary interest at the time of the meeting, and thus no disqualification was incurred. The petition was dismissed. (Paras 2-5)
Issue of Consideration
Whether the respondent no.1 incurred disqualification under Section 12(1)(d) read with Section 55(4) of the Goa Panchayat Raj Act, 1994 by participating in a panchayat meeting where a resolution approving payment to her was passed, despite having returned the amount before the meeting.
Final Decision
The petition is dismissed. No order as to costs.
Law Points
- Disqualification under Section 12(1)(d) read with Section 55(4) of Goa Panchayat Raj Act
- 1994
- Pecuniary interest
- Curing of disqualification by returning amount before meeting
- No participation in meeting with pecuniary interest
