ZELIA M. XAVIER FERNANDES E. GONSALVES versus JOANA RODRIGUES AND ORS.

Citation: [2012] 3 S.C.R. 258 · Decided: 03-02-2012 · Supreme Court of India · Bench: RAJENDRA MAL LODHA · Disposal: Dismissed

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Judgment (excerpt)

A 
B 
• [2012] 2 S.C.R. 258 
ZELIA M. XAVIER FERNANDES E. GONSALVES 
v. 
JOANA RODRIGUES AND ORS. 
(Civil Appeal No. 1544 of 2012) 
FEBRUARY 03, 2012 
[R.M. LODHA AND H.L. GOKHALE, JJ.] 
Goa Panchayat Raj Act, 1994 - s.10(f) - Disqualification 
from membership of panchayat - Appellant is a Panch 
. c member in a Village Panchayat in the State of Goa -
Respondent no.2-village panchayat awarded contract to 
appellant's husband(respondent no.4) - Whether appellant 
can be said to have any indirect share or monetary interest 
in the contract of her husband with the Village Panchayat and 
D she incurred disqualification as a Panch member from (he 
Village Panchayat u/s. 1 O(f) of the 1994 Act -
Held: 
Respondent no. 4 and appellant are husband and wife and are 
governed by the Portuguese Code - By virtue of Article 1098 
and Article 1108 thereof, in absence of any contract, marriage 
E between appellant and respondent no.4 is governed by the 
system 'Communiao Dos Bens' i.e. community of property 
whereunder, each spouse is entitled to one-half income of the 
other spouse unless contracted otherwise - On facts, no 
evidence of exclusion of appellant from her husband's assets 
and income - Money acquired by appellant's husband from 
F the contract with the Village Panchayat is 'community property' 
- Provisions contained in Articles 1098 and 1108 of the 
Portuguese Code and s. 5A of the Income Tax Act give 
appellant a participation in the profits of the contract and 
advantages like apportionment of income from that contract 
G - Appellant's participation in the profits of the contract 
constitute an "indirect monetary interest" in the contract 
awarded to her husband - Consequently, appellant incurred 
disqualification u/s.10(f) of the 1994 Act - Portuguese Civil 
H 
258 
ZELIA M. XAVIER FERNANDES E. GONSALVES v. 
259 
JOANA RODRIGUES AND ORS. 
Code, 1860 - Arts. 1098 and 1108 - Income Tax Act, 1961 
A 
- s.5A. 
Goa Panchayat Raj Act, 1994 - s. 1 O(f) - Disqualification 
of member from panchayat in terms of s.10(f) - Purpose and 
interpretation of - Held: The purpose and object of providing 
for disqualification for membership of the Panchayat in clause 
B 
(f) of s. 10 is to ensure that there is no conflict between the 
private interest of the member and his duty as a member of 
the Panchayat - It is based on general principle of conflict 
between duty and 'interest - Prohibition in s. 1 O(f) should not 
receive unduly narrow or restricted construction. 
C 
Words and Phrases - "Interest" - Meaning of- Held: The 
word 'interest' has a basic meaning of participation in 
advantage, profit and responsibility - 'Interest' is a right, title 
or share in a thing. 
The appellant was a Panch member in Raia Village 
Panchayat of Salcete Taluka, State of Goa. Respondent 
no. 2-Village Panchayat of Raia invited bids for collection 
D 
of market fee within its jurisdiction. The bid of appellant's 
husband (respondent no.4) was accepted as his bid was 
E 
the highest and the contract for collection of market fee 
was awarded to him. Respondent no.1 filed election 
petition under Section 11 of the Goa Panchayat Raj Act, 
1994 before the State Election Commission for 
disqualification of appellant on ground that she had 
directly or indirectly a share or monetary interest in the 
contract given by respondent no.2 to her husband. The 
Commission ordered that the appellant was disqualified 
F 
as a Panch Member of Village Panchayat of Raia in 
Salcete Taluka in terms of clause (f) of Section 10 of the 
G 
Act. The appellant filed writ petition before the High Court 
which dismissed the same. 
In the instant appeal, the question which arose for 
consideration was whether the appellant can be said to 
H 
260 
SUPREME COURT REPORTS 
[2012] 3 S.C.R. 
A have any indirect share or monetary interest in the 
contract of her husband with the Village Panchayat of 
Raia and if the answer is in the affirmative whether she 
incurred disqualification as a Panch member from Raia 
Village Panchayat of Salcete Taluka in South Goa District, 
B State of Goa under Section 10(f) of the 1994 Act. 
Dismissing the appeal, the Court 
HELD: 1. The purpose and object of providing for 
disqualification for membership of the Panchayat in 
c clause (f) of Section 10 of the Goa Panchayat Raj Act, 
1994 is to ensure that there is no conflict between the 
private interest of the member and his duty as a member 
of the Panchayat. It is based on general principle of 
conf

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