BERNARDO FERNANDES v. STATE OF GOA, THR. THE CHIEF SECRETARY AND ANR
Upholding Removal of Panchayat Member: Failure to Act on Illegal Constructions and Misuse of Power Justifies Disqualification.
Court: Bombay High Court
Citation: 2025:BHC-GOA:888
Decision Date: 09-05-2025
List of Laws
Goa Panchayat Raj Act; Section 210-A of the Goa Panchayat Raj Act; Article 227 of the Constitution of India; Constitution (Seventy-Third Amendment) Act, 1992; The Air Act; The Water Act; The Environment Protection Act/CRZ Notification; Food Safety and Standards Act; Principles of Natural Justice
- Facts: Mr. Bernardo Fernandes, a member of the Village Panchayat of Arambol, was removed from his position and rendered ineligible for re-election for three years by the Director of Panchayats (DOP) under Section 210-A of the Goa Panchayat Raj Act. This action stemmed from allegations of illegal constructions within his ward, including those by his family, and his alleged failure to take action against them, as revealed in prior PIL proceedings. The Principal District Judge, Panaji, upheld the DOP's decision.
- Procedural Posture: Mr. Fernandes challenged the District Court's judgment by filing a writ petition in the High Court of Bombay at Goa, invoking Article 227 of the Constitution of India, arguing that his removal was unjustified and violated principles of natural justice.
- Issue: Did the Show Cause Notice provide sufficient notice of the allegations against Mr. Fernandes? Was there sufficient evidence to substantiate that Mr. Fernandes persistently committed remiss in the discharge of his duties, acted detrimental to the interest of the Panchayat, or misused his powers? Was the order removing Mr. Fernandes from his post and disqualifying him from re-election disproportionate to the allegations?
- Holding: The High Court dismissed the writ petition, upholding the DOP's order removing Mr. Fernandes from his position as a Panchayat member and disqualifying him from re-election for three years.
- Reasoning: The Court found that the Show Cause Notice adequately informed Mr. Fernandes of the allegations, referencing the PIL proceedings where he was a respondent and fully aware of the issues. The Court determined that sufficient material existed to substantiate that Mr. Fernandes had persistently failed to address illegal constructions in his ward, including those by his family, and had even issued an NOC to his brother for an illegal guest house. This inaction was deemed detrimental to the Panchayat's interests and a misuse of his powers. The Court held that the removal for three years was justified, considering the abuse of his position and the acts of omission. The Court also noted that the District Court had reviewed the material and confirmed the findings, and that no case was made out for the High Court to exercise its supervisory jurisdiction.
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