Rules they incurred disqualification for not recusing in case of illegal constructions
PANAJI
The Bombay High Court at Goa on Wednesday restrained the sarpanch and a panch member of the village panchayat of Anjuna from performing their duties ruling that they have incurred disqualification under the Panchayati Raj Act for having failed to recuse themselves from the meeting of the panchayat body that resolved to discharge show cause notices for illegal structures that belonged to them.
“The fact that there are illegal constructions carried out by one of the panch member, the fact that the sarpanch and the member took part in the resolution in which the show-cause notices and the discharge of those show-cause notices were resolved in those particular resolutions in which they participated, HC has held that they have incurred a disqualification under section 1D of the Panchayat Raj Act,” Advocate General Devidas Pangam said.
“They cease to be the member and sarpanch of the village panchayat of Anjuna as a result of which, the HC has restrained them from acting as a sarpanch and member of the village panchayat of Anjuna,” he added.
Earlier the panchayat had informed the High Court that that it has prima facie identified 275 illegal structures in the No Development Zone (NDZ) of which the panchayat issued 100 demolition orders, out of which about 18 demolitions have already taken place, the panchayat informed the High Court.
The HC also directed the Goa State Pollution Control Board to hold an inspection and find out all other illegal constructions in the no development zone of the CRZ notification in the area falling in the Anjuna village panchayat. The report will have to be submitted to the High Court before September 11.
“The HC has further directed that the deputy sarpanch should take over the charge of this panchayat,” the Advocate General said.
