PANAJI
The Bombay High Court at Goa has dismissed a petition filed by one Shirish Kamat who had sought the disqualification of Margao MLA Digambar Kamat on grounds that he had violated the provisions of the Constitution and the Representation of People’s Act on grounds of conflict of interest.
Shirish Kamat alleged that Apollo Engineers & Contractors Pvt Ltd, a company in which Digambar Kamat was a ‘key person’, entered into a contract with the government for the improvement and resurfacing of internal roads in Fatrade, Varca.
Section 9-A of the RP Act, which is the law made by the Parliament, provides that a person shall be disqualified if, and for so long as, there subsists a contract entered into by him in the course of his trade and business with the appropriate government for the supply of goods to, or for the execution of any works undertaken by, that government.
According to Shirish, the company Apollo Engineers & Contractors Pvt. Ltd took over a partnership firm Bharat Construction Engineers & Builders in which Digambar Kamat and one Kiran Naik were partners. In 1996, Digambar retired from the said firm, and his wife Asha Kamat was inducted in his place. In 2005 even Asha Kamat retired from the said firm and Satish Lavande, her brother was inducted in her place. After the takeover, Kiran Naik and Satish Lavande, brother-in-law of Digambar were the two directors and shareholders of Apollo Engineers and Contractors Pvt Ltd.
He also told the court that with effect from 2013, Yogiraj Kamat, the son of Digambar Kamat was inducted as a director of the company in place of Satish Lavande. He also alleged that Yogiraj Kamat was only a front and the real management of the said company vested in Digambar Kamat. The petitioner also alleged that Kamat was the “key person” in the management of the said company and consequently in the execution of the contracts entered into by and on behalf of the said company.
The High Court, however, dismissed the claims both on grounds of limitation as well as on merits.
“It is clear that the contract dated 12.12.2016 was entered into by the said company Apollo with the Government and not by Digambar Kamat. Further, it is also clear that as on 12.12.2016 or for that matter at any time even before the said date or even after the said date, Digambar was neither a director nor a shareholder of the said company. Therefore, it is quite clear that the contract cannot be regarded as a contract entered into by the “candidate” which is the first condition to attract the disqualification under Section 9-A of the RP Act,” the High Court bench of Justices R N Laddha and M S Sonak, said.
