the goan I network
PANAJI
The Bombay HC at Goa has dismissed an election petition filed by Joseph Sequeira who had challenged the election of his political rival Michael Lobo on grounds that Lobo held office of profit as well as on grounds of committing corrupt practices.
HC judge Nutan Sardesai ruled that Sequeira had failed to show from the material on record how the result of the election was prejudicially affected due to the commission of the alleged corrupt practice by the applicant.
“The petition as such which does not disclose the cause of action and lacks in material facts and particulars apart from the non-production of material documents cannot be allowed to stand,” the HC ruled.
Sequeira had filed the petition in 2017 on two grounds - that Lobo was holding an office of profit as the Chairman of North Goa Planning and Development Authority and of committing corrupt practices.
Advocate Pankaj Pai Vernekar who argued on behalf of Lobo pointed out to the Goa Members of Legislative Assembly (Removal of Disqualification) Act, 2005 and Section 2 thereof which clearly provided that a person shall not be disqualified for being chosen as or for being a member of the Legislative Assembly of the State of Goa merely by reason of the fact that he holds any of the offices specified in the Schedule appended to the Act.
Clause 26 of Section 2 takes within its sweep the office of the Chairman and Member, Planning and Development Authority, Goa.
“Therefore even assuming that Lobo was holding the post of chairman of NGPDA, it would not tantamount to a disqualification in terms Section 2(26) of the said Act,2005 i.e. there would be an immunity from disqualification. This first ground raised on behalf of the petitioner thereby fails,” the court said.
Sequeira had alleged that Lobo was instrumental in collecting huge amounts from builders and others by forming the Parra Citizens Forum to be used for the elections.
However the court found there are no specific dates or instances when such instances took place to substantiate the case of the petitioner and that no such complaint filed before the returning officer came to be produced on record.
Sequeira had alleged that the counting of votes through voting machine was not reliable, proper verification was not done and there was a gross mismatch between the total votes polled and votes found recorded in EVMs of all the booths. However since he didn’t file a written complaint before the returning officer regarding mismatch and recount, the allegation was rejected.
“An oral application is not at all contemplated under the Conduct of Election Rules, 1961 and therefore this objection too fails to inspire confidence. Moreover, the petitioner had not disclosed the names of the voters nor was there any disclosure that the result of the election was materially affected,” the court ruled.
Sequeira also said that Lobo had promised to regularize illegal structures through NGPDA and the government and grant in voters favour by conversion of their lands from agricultural/orchard into Settlement Zone and give increased FAR for their structures if they voted for him and also that Lobo had used religion to get votes, constructed an illegal temple in Orda, Candolim to influence the voters from the Banjara community who constitute a sizable voter base here.
However no details of the dates, persons etc. were produced on record nor any news to substantiate the case that the applicant had indulged in corrupt practices.
