File photo of Aam Admi Party workers celebrating the victory of Hanzel Fernandes in the election for the Benaulim Zilla Panchayat seat. Captured by : The Goan
MARGAO
On January 11, the Administrative Tribunal issued a ruling declaring the election of Hanzel Fernandes, a leader of the Aam Admi Party, as a member of the South Goa Zilla Panchayat from the Benaulim constituency, null and void.
Now, two months later, numerous questions have arisen within the panchayat circles and the Benaulim countryside regarding the possibility of a by-election to fill the vacant seat. The curiosity revolves around whether the Director of Panchayats has officially declared the 12-Benaulim ZP constituency vacant, whether the State Election Commission has notified an election for the vacant seat, and whether the by-election will take place after the Lok Sabha polls. Alternatively, there's speculation on whether a higher court has stayed the Administrative Tribunal's order, thereby delaying the process of declaring the Benaulim ZP seat vacant or holding the by-poll.
These questions gain significance as it has been two months since the President of the Administrative Tribunal, Dvijple V Patkar, declared Hanzel's election null and void in response to an election petition filed by the then Congress candidate, Royla Fernandes. This decision came after the High Court ruled that the ZP member did not belong to the OBC category.
Investigations by The Goan have revealed that while the Tribunal President pronounced the order declaring Hanzel's election void on January 11, the Tribunal's office sent a letter to the Goa State Election Commissioner on January 31, informing them of the order under Section 25 of the Goa Panchayat Act. Similarly, the Secretary of the Goa State Election Commission, Venancio Furtado, wrote to the Director of Panchayats on February 2, urging action in accordance with the Administrative Tribunal's order.
Surprisingly, the Director of Panchayats, Siddhi Halarnakar, communicated with the Chief Executive Officer of the South Goa Zilla Panchayat on February 22, requesting details about any casual vacancy arising, despite the Administrative Tribunal's clear order declaring Hazel's election void. Sources suggest that the South Goa ZP office only forwarded the proforma to the Panchayat Director's office on March 7, nearly two months after the Tribunal's declaration of the Benaulim ZP member's election as void.
When questioned by The Goan regarding the declaration of the Benaulim ZP seat as vacant in light of the Administrative Tribunal's order, Panchayat Director Halarnakar cited the absence of concerned staff due to leave, refraining from providing information. On the other hand, officials from the State Election Commission stated definitively that the Commission would intervene to hold the by-poll only after the particular seat is officially declared vacant. They added that as of now, no such information regarding the vacancy of the Benaulim seat has reached the State Election Commission.
Why Tribunal disqualified Hanzel
The fate of AAP's Benaulim Zilla Panchayat Member, Hanzel Fernandes, was sealed before the Administrative Tribunal due to a High Court order dated August 28, 2023. This order declared the caste certificate relied upon by the ZP member as invalid and void from the beginning, and furthermore, stated that the member does not belong to the OBC category.
While hearing the election petition filed by Congress candidate Royla Fernandes, the Administrative Tribunal referred to the High Court's judgment, which established that Hanzel was not eligible to contest and be elected from the reserved ward.
“... the Respondent No. 1 does not belong to the OBC category which is included in the State list of OBCs. Once the caste certificate dated 5/3/2020 on which Respondent No. 1 placed reliance in order to show that he was qualified to contest and be elected for the reserved category has been declared invalid and void ab initio and it has been declared by the High Court that the Respondent No.1 does not belong to the OBC category, it is obvious that he was not qualified to contest the election for the reserved category”, the Tribunal had ordered on January 11, 2024.
