CORTALIM
Allowing the election petition filed by Joao (Bush) Miranda, the Tribunal directed the Administrator of Comunidades South Zone to hold fresh elections to the posts in accordance with the Code
of Comunidades.
At the election held in January last year, the appellant and Celestino Noronha had challenged the nomination of Camilo Barreto on grounds that he held only three shares of the Comunidade as against minimum requirement of five shares to be voted for a post.
Similar objection was raised against the nomination of Vincent Barreto. However, the objections were overruled by the Presiding Officer appointed by the Collector and Camilo Barreto was declared elected by 23 votes as against 17 polled by the appellant. Substitute President Vicente Barreto was elected unopposed.
Appearing for the appellant, Adv C A Ferreira pointed out that though the names of the respondents appeared in the list of able components prepared by the Comunidade, they had transferred their shares to other persons, thereby reducing their own stake below the mandatory five shares.
The second contention was that the respondents were relatives of third degree and were ineligible to contest or be voted to an office in the Comunidade. The respondents argued that the Tribunal had no jurisdiction to decide the matter after expiry of eight days under Art 49 of the Code.
The Tribunal, while upholding the appellant’s challenge, relied on a letter of the Administrator of Comunidades South Zone issued just prior to the elections confirming that the number of shares standing in name of Camilo Barreto was three. In the case of Vincent Barreto, it was noted that the party had since tendered
his resignation.
