MOHAN VITHAL DABHALE Vs. SANTOSH VASANT MORAJKAR

JUDGEMENT

(1.) By this petition under Article 226 of the Constitu-tion of India, the petitioner seeks a declara-tion that respondent No. 1 is disqualified as member of Village Panchayat Verla Canca, Bardez Taluka and that seat has therefore become vacant.

(2.) As a consequence of the above relief, it is prayed that respondent Nos. 3 to 6 should hold election to fill up the vacant scat from ward No. 5 of the said Panchayat.

(3.) The case of the petitioner is that he is residing in the said village and he is voter at the Panchayat election of the Village Panchayat, which is impleaded as respond-ent No. 2. Respondent No. 1 also resides in the village Verla-Canca and he is a member of Village Panchayat. The other respondents are the Authorities incharge of implementa-tion of the provisions of Goa Panchayat Raj Act, 1994. It is stated that respondent No. 1 was elected from ward No. 5 in the election of the Panchayatin May, 2007. The petitioner also contested the election. Respondent No. 1 is elected as Panchayat member for a pe-riod of 5 years.