Questions validity of BDO order; allows members to contest election of sarpanch
The four Rumdamol panchayat members.
MARGAO
In a significant development providing relief to the four Rumdamol panchayat members who were disqualified by the Salcete Block Development Officer (BDO) last week, the South Goa District Court on Saturday stayed the BDO’s order for 20 days and adjourned the hearing to August 16.
The order, passed by Additional District Judge Pooja Kavlekar, has cleared the way for the four members — former Sarpanch Mubina Faniband, former Deputy Sarpanch Mustafa Dodamani, Samuilla Faniband, and Zubeda Agasar — to participate in the Sarpanch election scheduled for August 4.
The court granted the stay after the counsel representing the four members submitted a memo outlining the election schedule, emphasising that the Sarpanch election is set for August 4. The counsel argued that without a stay on the disqualification order, the members would suffer irreparable loss, as the pending revision would become infructuous.
Salcete BDO-II Adarsh J Desai had on July 28 passed an order disqualifying the four members from participation of any executive work of the panchayat with immediate effect upon a complaint filed by a resident of Khandepar-Usgao-Ponda Mukesh Naik.
On July 29, Panchayat Director Siddi Halarnkar issued a notice for the election of the new Sarpanch of Rumdamol panchayat on August 4. On the very same day, the four members had challenged the BDO’s order before the South Goa District Court by filing a revision application seeking a stay on the order.
“From the discussions made, in view of the above contentions, I hold that there would be two relevant issues for determination in the present case that will have to be examined at the time of final arguments and a prima facie view that there is not at all erroneous cannot be taken at this interim stage. First issue is whether will the attendance in a meeting and ordering notice to the offending party constitute participation in a discussion and voting; and second whether the order of the BDO is purely devoid of reasons and is unsustainable in law for want of discussion on the defences raised by the revisionists in their reply,” Judge Kavlekar observed.
The judge added: “I have noted that there are two pages in the proceedings book which are relevant. Even assuming that the reference to the discussion on page 137 and 138 of the proceedings book is pertaining to the complaint of Mukesh Naik, this discussion appears to have been made by Mohammed Samuilla and Mubina not all the revisionists. Although all revisionists were present merely by looking at the document it would be difficult to conclude whether they had all participated in the discussion or not.”
In the revision application, the four panchayat members referred to the BDO to point out that although clear defences were taken in the reply filed by them before the BDO, the BDO has not given any finding on the defences rather he has merely made a one line observation on page 4 of the order and therefore there is an error apparent on face of record in the impugned order.
They further denied that they have pecuniary interest in the subject matter or the complaint filed by respondent no. 1 and further denied that they have taken part in any discussion pertaining to the complaint, stating that the BDO therefore ought to have given a finding in this regard, in the matter.
The Counsel for the respondent, however, argued that mere participation is as good as discussion and until and unless there is a specific mention in the resolution that the four revisionists did recuse, the Court will have to conclude that the four members have violated Section 55(4) of the Goa Panchayat Raj Act.
The court further contended that the document which is an extract of resolution passed by the panchayat clearly shows that Mubina Shaikh and Mohammed Samuilla have participated in the meeting and have also discussed the complaint and illegal construction, adding “therefore, no further finding is required in the matter, the BDO has recorded his observations clearly.”
Rumdamol to elect new sarpanch after leadership reshuffle on August 4
MARGAO: Election for the post of Rumdamol sarpanch has been necessitated after ex-Sarpanch Mubina Faniband tendered her resignation from office on May 29. Thereafter, deputy Sarpanch Mustafa Dodamani also put in his papers. Rumdamol panchayat is presently under the rule of government-appointed Administrator.
In the 9-member Rumdamol panchayat, the four panchayat members comprising of Mubina Faniband, Samuilla Faniband, Mustafa Dodamani and Zubeda Agasar enjoy a clear majority with five members.
In fact, Mubina had tendered her resignation on May 29 from the post of Sarpanch reserved for women to pave way for Zubeda Agasar to take over the reign of office as per the understanding amongst the five-member group.
The Salcete BDO’s disqualification order had reduced the five-member ruling group to a lone member, giving the rival opposition group a clear advantage in the 9-member body in the number game before the court stepped in on Saturday to stay the BDO’s order.
