Allowed

The Tenant Association of Morombi-O-Grande, Rep. by Its Acting Chairman, Nicalau Nunes v. the Chief Secretary, Govt. of Goa and Anr.

Bombay HC6 Sept 2021WP/263/2021

Case brief

AI extract

What is this about?

Petitioner challenged interruption of tenant association elections due to voter list issues. High Court directed that elections must be completed within six weeks, allowing existing committee to continue under strict financial restrictions.

What did the court decide?

Directed holding of elections within six weeks; existing committee to continue with restrictions pending new elections.

The Tenant Association of Morombi-O-Grande, Rep. by Its… — Cooperative Societies | Bombay HC (2021)

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9.WP.263-21.DOC

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Santosh

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IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO.263 OF 2021 WITH

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MISC. CIVIL APPLICATION NO.161 OF 2021

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THE TENANT ASSOCIATION OF MOROMBI-O-GRANDE, REP. BY ITS ACTING CHAIRMAN, NICALAU NUNES .…Petitioner. Versus

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THE CHIEF SECRETARY, GOVT. OF GOA AND ANOTHER.

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…Respondents.

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Mr. Prashant Vengurlekar, Advocate for the Petitioner.

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Mr. D.J. Pangam, Advocate General with Mr. Geetesh Shetye, Addl.Govt. Advocate for the respondents.

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Mr. Galileo Francisco Teles, Advocate for the proposed intervenors.

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CORAM : M. S. SONAK & SMT. M.S. JAWALKAR, JJ. DATED : 6^th September 2021

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P.C. :

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1. Heard the learned Counsel for the parties, including Mr. Teles, the learned Counsel for the proposed intervenors.

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2. On 29/7/2021, we made the following order :

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Page 1 of 5 6^th September 2021

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9.WP.263-21.DOC

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“ 1.Heard Mr. Prashant Vengurlekar, learned Counsel
for the petitioner and Mr. Devidas J. Pangam, learned
Advocate General with Mr. Geetesh R. Shetye, learned
Additional Government Advocate for the respondents.

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2. The present Managing Committee to issue
advertisement in the daily newspaper, 'Herald' within
one week from today inviting legal heirs of the deceased
members of the Tenant Association of Morombi-O-
Grande, Merces to apply for membership of the
Association. A time limit of 15 days to be set out for
receipt of such applications.

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3. Once the applications are received, by the end of the
third week, the Managing Committee to forward the
same to the Mamlatdar.

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4. The Mamlatdar to then finalise the list of the
members/voters within a period of 2 weeks from the
date of receipt of the aforesaid.

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5. Until then, the existing Managing Committee
cancontinue. However, the Managing Committee, will
not take any major financial decisions but discharge
only day-to-day routine activities.

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6. The aforesaid order is made because, we find from the record that the Managing Committee, before the expiry of its term, had forwarded a list of voters to the Mamlatdar. Based thereon, elections were scheduled to be held on 02.02.2021.However, on that day, the meeting to hold elections was adjourned for lack of Page 2 of 5

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6th September 2021

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9.WP.263-21.DOC

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quorum and was fixed on 12.02.2021.

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7. On 11.02.2021, based upon the representations
made by 3 residents from Merces, the Joint
Mamlatdar, postponed the elections on the plea that
the voters list is not updated. Thereafter, we are
informed that attempts were made to take charge from
the existing Managing Committee and to replace it
with adhoc committee.

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8. According to us, election procedure once scheduled
should not be interrupted in this manner. In any case,
if there is some serious grievance about updating the
voters list, same can be sorted out in the aforesaid
terms.

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9. The matter is now posted for further consideration
on 06.09.2021.

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10. If, by the next date, we find that the Managing
Committee has not complied with the aforesaid
directions, then we will consider whether the adhoc
committee takes charge and complies with the
aforesaid directions. Therefore, for the present, we
permit the existing Managing Committee to continue
only up to 06.09.2021. The Mamlatdar to ensure that
the present Managing Committee complies with the
aforesaid directions so that, the voters list is updated at
the earliest and elections can be held.

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11. Stand over to 06.09.2021.”

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Page 3 of 5 6^th September 2021

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9.WP.263-21.DOC

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3. Today, the learned Advocate General makes a statement that the managing committee has complied with the directions issued by us in our order dated 29/7/2021. The learned Advocate General now states that the elections shall now be held within 30 days from today.

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4. Accordingly, we dispose of this petition by directing the concerned authorities to hold the elections which were interrupted, as expeditiously as possible and, in any case, within a period of six weeks from today.

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5. If any parties, including the proposed intervenors, have any disputes about the conduct of the elections, it is always open to them to question the elections in accordance with law. However, based on some complaint filed, once the election process has already been announced and being at an advance stage, the elections cannot be interrupted.

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6. The petition is disposed of in the aforesaid terms, by keeping open the rights and contentions of all parties to challenge such elections, in case any parties are aggrieved with the conduct of such elections.

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Page 4 of 5 6^th September 2021

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9.WP.263-21.DOC

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7. The present managing committee to continue till the election of the new committee. However, they shall be subject to the restrictions which we had already imposed on them in terms of our order dated 29/7/2021.

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8. Misc. Civil Application No. 161/2021 stands disposed

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of.

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9. All concerned to act based on an authenticated copy of this order.

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SMT. M.S. JAWALKAR, J. M. S. SONAK, J.

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SANTOSH S MHAMAL Digitally signed by SANTOSH S MHAMAL Date: 2021.09.06 17:15:53 +05'30'

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6^th September 2021

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Page 5 of 5

The Tenant Association of Morombi-O-Grande, Rep. by Its Acting Chairman, Nicalau Nunes v. the Chief Secretary, Govt. of Goa and Anr.

Case brief

What is this about?

What did the court decide?

The Tenant Association of Morombi-O-Grande, Rep. by Its Acting Chairman, Nicalau Nunes v. the Chief Secretary, Govt. of Goa and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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