Can a member be sacked
for acts of previous term?
Yes says p'yat director
THE GOAN NETWORK
MARGAO
Can a panchayat member be removed from office for alleged acts of a previous term?
This moot question had come up before the Director of Panchayats Gurudas Pilarnekar when former Benaulim Sarpanch Carmelina Fernandes argued that she cannot be removed as a Panch member for acts reportedly committed during her tenure as sarpanch during the earlier term.
In his order, the Panchayat Director has held that nowhere in the Goa Panchayat Act, 194 it is provided that the removal of Sarpanch or the deputy sarpanch or the member of the panchayat is limited to the period for which he or she was elected.
In fact, the Panchayat Director has termed as unacceptable Carmelina’s contention that removal cannot be for earlier acts, saying “as Sarpanch, being in persistent remiss in discharge of duties or misuses or abuses the powers or exercising the powers not vested by or under the Act or the rules framed thereunder during one term and then entering another term with same illegalities does mean that everything is taken to be granted. Procedural delay in deciding such matters obviously give advantage to wrong doers”.
It was the case of the petitioner Benaulim Civic and Social Forum that Carmelina had allegedly committed illegalities by committing acts which can be categorized as an abuse of powers and remiss of duties.
