PANAJI
The Bombay High Court on Monday directed the Directorate of Panchayats to initiate action against Arambol Sarpanch Bernardo Fernandes under Section 210 A of the Panchayati Raj Act.
The Section provides that a member of a panchayat shall, after an opportunity is afforded for hearing him, be removable from his office as a member by an order passed by the Director for persistent remiss in the discharge of his duties or if such member acts detrimental to the interest of the panchayat or misuses or abuses the powers or exercises powers which are not expressly vested in him by or under this Act or rules or bylaws framed thereunder. The member so removed shall not be eligible for reelection for a period not exceeding five years as the Director may specify in his order.
“From the material that has been placed on record by the panchayat itself in its affidavit and reports, we think that prima facie case has been made out to direct the Director of Panchayats to consider action under Section 210-A of the Panchayat Raj Act. The Director of Panchayat must, therefore, consider issuing a show cause notice to Bernard Fernandes and grant Bernand full opportunity of hearing in the context of the provisions of Section 210-A of the Panchayat Raj Act. This exercise must be undertaken and completed expeditiously by giving full opportunity to Mr Bernard Fernandes for his defence,” the High Court said.
The move came after the High Court was informed that out of the 61 structures referred to in the panchayat report/affidavit Fernandes, who resigned as sarpanch, and his family members have put up no less than 33 illegal constructions in the No Development Zone which were being operated for commercial purposes.
The record shows that Bernard Fernandes initially resigned as sarpanch but then withdrew his resignation. The Director of Panchayat, exercising powers under Section 50 of the Panchayat Raj Act ordered Bernard Fernandes removal. Fernandes challenged this in this court, but the petition was disposed of as infructuous after Fernandes tendered his resignation as a sarpanch, but continues as a panch member of Girkarwada in which no less than 187 illegal constructions are noticed.
Girkarwada is a small ward having population of 800 people. Several of these constructions appear to have been put up by Fernandes and his family members.
“Bernard Fernandes and Avelino Fernandes who are present in the Court, confirm that these are the structures of their brothers, sisters-in-law, mother, uncle, etc... If this is correct, then this discloses an extremely shocking state of affairs in this ward of which Bernard Fernandes is a panch member and was formerly sarpanch of this village panchayat of Arambol,” the Bombay High Court bench of Justices M S Sonak and Valmiki Menezes Sa, said.
Earlier the High Court had asked Fernandes to explain an action plan by which he proposes to demolish structures that were allegedly put up by his father and uncle which he was benefiting from.
On Monday, Fernandes told the High Court that since he is one of the co-owners of the property and the structures built on it, he has no objection to the structures being demolished, but that he had no instructions regarding the remaining three co-owners of the property including his brothers, mother and sister.
"We grant Bernard Fernandes, his brothers, brothers' wives, mother, uncle, etc., an opportunity to file an affidavit within one week from today explaining their position regarding these structures. If they have permission, they must annex them along with the affidavit,” the High Court also said.
