The election of Goa Vikas Party’s MLA from Benaulim CaetanoRosario Silva may well be annulled as the evidence against him is clinching.Documents accessed by The Goanreveal that Caitu’s tenure as a Member of Legislative Assembly may come to anabrupt end. In an Election Petition no 1/2012 filed on July 16 by ValankaAlemao against Caitu, his election has been challenged under Section 16 of theRepresentation of People’s Act 1950.
Valanka Alemao who had unsuccessfully contested againstCaitu in the Assembly Elections earlier this year has pieced together anexhaustive set of clinching evidence that may put paid to Caitu’s plans ofsettling down in the Benaulim seat.
Investigations reveal that Caetano or Caitu had his BirthCertificate registered in Central Register of Births, Marriages & Deaths ofLisbon. His Birth certificate bearing no 977517 makes him a Portuguese Citizen.As per Article 21 (1) of the Portuguese Organic Law 2/2009, Caitu isoriginally a Portuguese national as proved by registration of his birth.
As per Article 173 (a) of the Constitution of India, only anIndian national can become a member of a State Legislative Assembly. The factthat Caitu is a Portuguese national has been confirmed by non other than theConsular Section of Embassy of India in Portugal. In its email to Ministry ofExternal Affairs on March 30 earlier this year, it has confirmed that Caitu wasa Portuguese citizen since July 21, 2010.
The clinching evidence may well be an end of politicalcareer for Caitu as he faces disqualification under Article 191 (d) and (e) ofThe Constitution of India that stipulates that a person be disqualified forbeing chosen as and for being a Member of Legislative Assembly if he is not aCitizen of India. The clinching evidence is an open and shut case for Caitu whohad a successful tenure earlier as Benaulim Sarpanch. But how did he remain amember of local self-government of an Indian village despite being a Portuguesecitizen merits investigation. What also merits investigation is the fact thatwhether Caitu also has an Indian Passport which is considered a penable offenceunder law.
