LAURENCE M. RODRIGUES, SON OF BOSSEUTH RODRIGUES Vs. MR. INACIO DOMNIC PEREIRA, S/O ANTHONY PEREIRA
LAWS(BOM)-2017-11-444
HIGH COURT OF BOMBAY
Decided on November 29,2017

Laurence M. Rodrigues, Son Of Bosseuth Rodrigues Appellant
VERSUS
Mr. Inacio Domnic Pereira, S/O Anthony Pereira Respondents

JUDGEMENT

C. V. Bhadang, J. - (1.) Rule, made returnable forthwith. The respondent Nos. 1 to 3, who appear in person, waive service. Heard finally by consent of the parties.
(2.) The challenge in this petition under Articles 226 and 227 of the Constitution of India, is to the order dated 20/09/2017, passed by the State Election Commissioner (Election Commissioner, for short), rejecting the preliminary objection raised on behalf of the petitioner to the maintainability of the petition before the Election Commissioner.
(3.) Brief facts are that the respondent nos.1 to 3 had approached the Election Commissioner purportedly under Sections 10 and 11 of the Goa Panchayat Raj Act, 1994 (the Act, for short), seeking disqualification of the petitioner (respondent no.1 before the Election Commissioner). The petitioner happens to be an elected member of the Village Panchayat of St. Cruz from Ward No.3. The sole ground, on which the disqualification is sought, is that the said Ward was reserved for the candidate belonging to Other Backward Category (OBC). It was contended that although the petitioner is having a certificate in his favour as belonging to OBC, the said certificate is obtained by fraud. Thus, in short, it was contended that the petitioner was disqualified for contesting the election from the said Ward.;


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