Case Note & Summary
The petitioner, Prakash V. Gaude, filed a writ petition before the Bombay High Court at Goa seeking a declaration that respondent No.2, Devanand Nanusker, a member of the Village Panchayat of Usgao-Ganjem, had incurred disqualification under Section 12(1)(d) of the Goa Panchayat Raj Act, 1994. The petitioner contended that respondent No.2 had pecuniary interest in a resolution passed by the Panchayat on 30/11/2012 granting permission to repair House No.90/1, which was owned by his family. The petitioner argued that by participating in the meeting and voting on the resolution, respondent No.2 violated the disqualification provisions. Respondent No.2 filed a reply disputing the allegations, stating that he was not the owner of the house and that the permission was only for repairs, which did not confer any pecuniary benefit on him. He further argued that the petitioner failed to establish any disqualification under Section 55(4) of the Act. The Court, after hearing both sides, held that the petitioner had not discharged the burden of proving that respondent No.2 had a direct pecuniary interest in the resolution. The Court noted that the house was not owned by respondent No.2 and the resolution pertained only to repairs, which did not amount to a disqualifying interest. Consequently, the petition was dismissed.
Headnote
A) Panchayat Raj - Disqualification of Members - Pecuniary Interest - Section 12(1)(d) Goa Panchayat Raj Act, 1994 - The petitioner sought a declaration that respondent No.2, a Panchayat member, stood disqualified for having pecuniary interest in a resolution granting permission to repair a house owned by his family member - The Court held that the petitioner failed to establish that respondent No.2 had any direct pecuniary interest in the resolution, as the house was not owned by him and the permission was for repairs only - Held that the burden of proving disqualification lies on the petitioner and was not discharged (Paras 2-5).
Issue of Consideration
Whether the respondent No.2 incurred disqualification under Section 12(1)(d) of the Goa Panchayat Raj Act, 1994 by participating in a resolution granting permission to repair a house owned by his family member, thereby having a pecuniary interest.
Final Decision
The petition is dismissed.
Law Points
- Disqualification of Panchayat members
- Pecuniary interest
- Section 12(1)(d) Goa Panchayat Raj Act
- 1994
- Section 55(4) Goa Panchayat Raj Act
- Burden of proof on petitioner
