29 bodies unable to elect managing committees due to lack of quorum; raises questions about whether the government will intervene to ensure governance
Elections for 90 comunidade bodies in South Goa have concluded, with elections failing in nearly one-third of them due to lack of quorum.
Photo Credits: The Goan
MARGAO
Curtains have come down on the election process for the 90 comunidade bodies in the South Zone, spread over the last two months, with elections going begging in a sizeable number of bodies amidst a revival trend seen at some of the bodies.
While the Savio Correia-Celestin Norohna duo created a history of sorts when they won elections for the managing committees of as many as four bodies as President and Attorney respectively, elections for close to one-third of the comunidade bodies in South Goa could not take place for want of quorum.
29 comunidade bodies across the South Zone could not constitute the managing committees simply because there was no mandatory quorum of members required for the election. If the comunidade bodies along the Salcete coastal belt, Varca and Carmona have been revived by enthusiastic members after remaining defunct for decades, elections for 29 out of the 90 comunidades came a cropper for want of basic quorum.
Comunidade officials informed that they are in the process of compiling a list of the 29 comunidade bodies where elections could not take place and will submit a detailed report to the government for further action. It could not be ascertained whether the government will implement the latest amendment empowering it to appoint officials not below the rank of taluka Mamlatdars to preside over the bodies where the elections for the managing committees could not take place.
Savio Correia, a prominent Comunidade activist, explained that the reasons for the lack of quorum may vary from body to body. He highlighted that the failure to transfer shares to legal heirs after the death of members could be a significant factor.
“We have come across so many instances not just at the defunct bodies, but even in active comunidades wherein shares are not transferred to the legal heirs by the members though they had died long ago. Besides, there may be other reasons also, such as members losing interest in the comunidade bodies due to dwindling revenue and dividends,” he said.
----
Don't rush to appoint custodians,
maintain status quo: Activist
Will the government implement the 2024 Amendment by appointing an officer of the rank of Mamlatdar or Joint Mamlatdar to be a custodian for the concerned comunidade bodies where the bodies were unable to hold an election of the members of the Managing Committee?
The Amended Article 181-A empowers the government to appoint the Mamlatdars or Joint Mamlatdars as custodians of comunidade bodies, but activist Savio Correia said the government should not rush to bring the amendment into effect since it could have disastrous ramifications for the comunidade bodies.
The amendment notified in the government gazette in October 2024, empowers the government to appoint an officer of the rank of Mamlatdar/Joint Mamlatdar to be a custodian for the concerned comunidade for the respective triennium, in the event a comunidade is unable to hold an election of the members of the managing committee within the time limit specified in Article 47 due to non-constitution and non-deliberation of the comunidade as per the provisions of Article 34.
The Article has laid down the process wherein the administrator, after holding such inquiry as they deem fit, declares such a comunidade as 'comunidade in default' by issuing an order upon the expiry of 60 days from the date of such time limit as specified in Article 47.
The order must then be published in the Official Gazette within 15 days and is subject to appeal. Affected individuals can appeal to the government within 30 days, and the final decision must be made within 60 days.
Correia has voiced concerns that vested interests may creep in if the government has its way and appoints custodians. “Though the government has brought in the amendment, I would say the government should not become the custodian of the comunidade bodies. Instead, the government may allow the status quo to continue,” he added.
Provisions of the 2024 Amendment:
The government may appoint a Mamlatdar or Joint Mamlatdar as a custodian for a comunidade, in the event that the body fails to hold elections within the stipulated time limit.
The custodian will have full powers to discharge the duties of the managing committee, effectively running the body during the triennium.
Decisions made by the custodian can be appealed to the respective administrator, with provisions for further review by the government if necessary.
The government can also exercise suo moto power to review decisions, though this must occur within one year of the original decision.