MAPUSA
The State government in a recent order has dismissed the president and the attorney and also dissolved all the elected members of the managing committee of the Comunidade Fraternal de Aldona for failing to act against illegalities and defend the interest of the comunidade.
The Administrator of Comunidades of North Zone, Ulhas Kadam acting on a complaint filed by the components of the Comunidade Fraternal de Aldona had proposed the dismissal of the president under Article 125 (13) and suspension of the attorney under Article 74 of the Code of Comunidades.
In his order, Kadam suspended the opinion/resolution bearing No 2 taken at the extraordinary meeting on November 25, 2012 to negotiate and settle the land bearing survey no 320/1 of village of Aldona as it was illegal, unlawful and void ab-initio.
The administrator gave the components (gaunkars) the liberty to approach the Administrative Tribunal to institute appropriate proceedings before a civil court for cancellation of the sale deed so as to revert the land bearing survey no 320/1 of village of Aldona back in the name of Comunidade Fraternal de Aldona.
In its complaint before the Administrator of Comunidades, a group of gaunkars of Comunidade Fraternal de Aldona had accused the managing committee of acting high-handedly and misusing their position by failing to initiate legal action against one Pedro Castellino who they allege had illegally staked claim over the property 320/1 belonging to the comunidade.
They further alleged that Castellino had fraudulently recorded his name in the survey record of the said property by carrying out the mutation process with ulterior motive and malafide intention to facilitate illegal transfer of the property in favour of a third party.
The complainants also said that the opinion passed in the extraordinary meeting to negotiate for settlement of the property was illegal and against the interest of the comunidade.
Countering the complaint, the attorney of the Comunidade Fraternal de Aldona in his reply said the comunidade did not get any income from property 320/1 and denied the allegations raised by the group of gaunkars.
The attorney also said that the managing committee was being made scapegoat in the issue and prayed to strike down the complaint.
In his observation, the Administrator of Comunidades of North Zone said the managing committee failed to act upon illegalities brought to its notice by the gaunkars to cover up and safeguard the interest of the past managing committee and the third party.
“It was duty of the managing committee to look after and defend the interest of the comunidade and appeal against all the deliberations and orders which are against the interest of the comunidade,” Kadam observed and passed an order proposing the dismissal of the president and dissolution of the elected members of the managing committee and suspension of the attorney.
