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HC order bans Abhijit Desai from contesting ZP poll: petitioner





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Sanguem: Rakhi Prabhudesai Naik, the petitioner in the disqualification petition case of former Deputy Sarpanch of Neturlim panchayat Abhijit Desai, has made an application before Assistant Returning Officer, pre-empting any attempt of the respondent to contest upcoming Zilla Panchayat election.

Naik, in an application filed before ARO, Sanguem, has said that Desai has been disqualified from contesting elections under Goa Panchayati Raj Act as per the high court order. The disqualification stands for five years, Naik said adding that since ZP elections are also held under this act, acceptance of Desai’s candidature would amount to contempt of court.

The application filed before ARO mentions that

Director of Panchayat in his order on 21st February, 2019 had disqualified Abhijit Desai along with Sarpanch Rajani Gaonkar from the membership of village panchayat of Neturlim.

“The order also strictly debars him from contesting any elections held under Goa Panchayati Raj Act, 1994 for five years from 2019 onwards,” Naik said.

District Court on 7th June 2019 had vacated the order of Director of Panchayat reverting back all the rights of Abhijit Desai and Rajani Gaonkar under Goa Panchayati Raj Act, 1994.

Subsequently, Hon’ble Bombay High Court at Goa on 8th November, 2019 passed an interim order quashing the Hon’ble District Court’s verdict, and setting in motion the order by Director of Panchayat, upholding his disqualification, he said.

Naik has submitted before ARO that  Desai should not be allowed to contest on any political party/independent in Zilla Panchayat elections scheduled on March 22.

“Allowing Abhijit Desai to contest election of Zilla Panchayat on March 22 would bring all the authorities including Assistant Returning Officer, Returning Officer, State Election Commission under ambit of Contempt of Hon’ble High Court order.”

He has said that Desai stands disqualified from contesting any election under Goa Panchayati Raj Act for next five years.

“ZP elections are held under Goa Panchayati Raj Act, therefore it bound by the Hon’ble High Court order.”

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