benaulim p'yat membership
Sessions court upholds DoP's order
removing ex-Benaulim sarpanch
THE GOAN NETWORK
MARGAO
The South Goa Sessions Court has upheld the order of the Director of Panchayats removing former Benaulim sarpanch Carmelina Fernandes from the membership of the panchayat body.
The Court of District Judge 2 headed by Edgar Fernandes has further upheld the panchayat director's order that Carmelina will not be eligible for re-election for a period of five years.
Carmelina had preferred a revision application before the Sessions court, challenging the order of the panchayat director, but the Judge observed that the DoP’s judgement and order does not call for any interference.
On Ms Triump Reality Pvt Ltd, Judge Edgar said it is not known why the former sarpanch sent the application of the party to the BDO, inspite of the fact that she had filed an affidavit before the High Court that the structures in survey No 336/1-A had a plinth of only 540 sq mts and not 7978.91 sq mts as stated in the application and were within the ambit of the High Court directions and that the party had undertaken to demolish the same. “The respondent (Carmelina) also did not state the said facts in the covering letter. The said act of the respondent therefore is clearly malafide," the judge observed.
On the issue of procurement of xerox machine, the judge said he is unable to uphold the contention that the former sarpanch cannot be held liable if the supplier did not issue the warranty. “The respondent was required to see that the machine was in good condition and to obtain its warranty from the supplier, prior to passing the bill for payment," the judge added.
Meanwhile, the petitioner Jose Rodrigues, Benaulim Civic & Social forum said, “Our faith in the judiciary is strengthened by the verdict and the culprit deserved to be punished," saying the verdict is a slap in the face of vested interests and corrupt elements.
