Bhavesh Janardhan Venji Naik., v. Vinayak Gawas @ Vinayak Gauns And 4 ORS.,

19-WP-50-20.DOC Santosh

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 50 OF 2020 BHAVESH JANARDHAN VENJI NAIK s/o Janardhan Venji Naik major in age, married, resident of house No. 144, Botnnem, Dharbandora - Goa ... Petitioner

Versus

1.

VINAYAK GAWAS, ALIAS VINAYAK GAUNS, son of late Vassudev Anta Gauns, Major in age, married, Resident of Dharbandora, Goa.

2. MRS. SWATI GAWAS, ALIAS SWATI, GAUNS D/o late Vassudev Anta Gauns, Major in age, married, R/o Dharbandora Goa

3. DATTARAJ GAWAS, ALIAS DATTARAJ GAUNS S/o late Vassudev Anta Gauns, Major in age, married, R/o Dharbandora Goa

4. VILLAGE PANCHAYAT DHARBANDORA, Through its Secretary, Dharbandora -Goa

5. STATE OF GOA Through Chief Secretary, Secretariat, Porvorim-Goa.

...Respondents

7th September 2022

19-WP-50-20.DOC Mr. Abhijit Gosavi, Advocate for the Petitioner. Mr. Ashwin D. Bhobe, Advocate for Respondents No. 1, 2 & 3. Mr. Shivdatt P. Munj, Addl. Govt. Advocate for Respondent No.5.

CORAM :M. S. SONAK & BHARAT P. DESHPANDE, JJ DATED : 7 SEPTEMBER 2022 ORAL JUDGMENT : (Per M.S. Sonak, J.) 1.

Heard the learned Counsel for the parties.

2.

By this Petition, the Petitioner was seeking a declaration that Respondents No.1, 2 and 3 stand disqualified as Members of the Village Panchayat of Dharbandora and the seats held by them are deemed to have become vacant under Section 12(1)(d) of the Goa Panchayat Raj Act, 1994.

3.

The term of Respondents No.1, 2 and 3, as the Members of the Panchayat, has come to an end on 18 th June 2022. The disqualification contemplated under Section 12(1)(d) of the said Act was during the term which has now ended on 18 th June 2022. Therefore, the reliefs in this Petition have rendered infructuous by efflux of time. 4.

This Petition is, accordingly, disposed of. There shall be no order for costs.

BHARAT P. DESHPANDE, J M. S. SONAK, J 7th September 2022 SANTOSH S MHAMAL SANTOSH S MHAMAL Date: 2022.09.08 17:37:29 +05'30'