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2020 DIGILAW 396 (BOM)

Custodio Dias v. State Of Goa

2020-02-21

M.S.SONAK, NUTAN D.SARDESSAI

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JUDGMENT M.S. Sonak, J. - Heard Mr. D. Lawande with Mr. P. Dangui and Mr. Jay Mathew, the learned Counsels for the petitioner. Mr. P. Faldessai, the learned Additional Government Advocate for the respondents no.1 to 5, Mr. S.D. Padiyar with P. Shirodkar, the learned Counsels for the respondent no.6 and Ms. A. Araujo, the learned Counsel for the respondent no.7. 2. Heard the learned Counsels for the parties. 3. We grant Rule and make the Rule returnable forthwith, at the request of and with the consent of the learned Counsels for the parties. 4. The petitioner by instituting this petition in public interest seeks a restraint on the respondents holding Shiv Jayanti Rally 2020, Carnival Float Parade 2020 or any other such event/rally/parade/procession on the Margao City Route which runs from Holy Spirit Church via the Hospicio Hospital leading to the Margao Municipal Building. 5. Insofar as the Shiv Jayanti Rally 2020 is concerned, the same was already held on 19 th of February, 2020 and therefore, the relief insofar as this rally is concerned is rendered infructuous. 6. The relief insofar as ''such other event, rally, parade or procession'' is concerned is too widely worded and cannot be considered in the abstract. Therefore, it is not possible to issue any directions or to grant any relief insofar as these reliefs are concerned. 7. This petition is basically being entertained in the context of the Carnival Float Parade 2020, which is due to be held on 23 rd of February, 2020. 8. Yesterday, when this matter was taken up, Mr. Faldessai, the learned Additional Government Advocate had made a statement on instructions, that as on the said date no permissions have been issued by any of the authorities, but he stated that a proposal has been received for holding the Carnival Parade on the Margao City Route. Mr. Faldessai had also stated that the necessary materials on the basis of which such proposal was to be considered would be placed before the Court. 9. Accordingly, today Mr. Menino D''Souza the Director of Tourism, has placed such Affidavit with such material on record. Mr. Faldessai, on instructions points out that till date the Police Authority and the Collector of South Goa are yet to take the decision in this matter. 10. Mr. 9. Accordingly, today Mr. Menino D''Souza the Director of Tourism, has placed such Affidavit with such material on record. Mr. Faldessai, on instructions points out that till date the Police Authority and the Collector of South Goa are yet to take the decision in this matter. 10. Mr. Faldessai, has submitted that the applications to hold the Carnival Float Parade on the Margao City Route have been made on the 5 th of February, 2020, on the letterhead of ''Margao Carnival Committee 2020'' and the same has been signed by the Chairman of the Margao Carnival Committee 2020. The Margao Carnival Committee has been impleaded as the respondent no.7 in this petition. 11. Mr. Faldessai on instructions states that the application to the Superintendent of Police and the Collector have also been made by the Chairman of the Margao Carnival Committee 2020. 12. The petitioner, has placed on record the extract of the Minutes of the ordinary meeting of the Margao Municipal Council (MMC) held on 15.1.2020. The Resolution no.4934 recorded therein reads as follows: ''Resolution No.4934 - The Council unanimously resolved to hold the Carnival Float Parade 2020 along the route from Old Market Colva Circle to Lake Plaza at Fatorda. She further said that Shri. Arthur D''Silva is appointed as the Chairman of the Organizing Committee for 2020''. 13. It has accepted the position that Shri Arthur D''Silva who was appointed as the Chairman of the Organizing Committee for the Carnival Float Parade 2020 (committee) was also empowered to constitute the Committee by choosing its members. Ms. A. Araujo, on instructions from the Chairperson states that such Committee was constituted comprising of four other Councils besides the chairperson. The Director of Tourism has placed on record the Communication dated 29.1.2020 addressed by the Chief Officer of the Margao Municipal Council (MMC), to the Director of Tourism intimating the Constitution of the Carnival Committee. 14. The aforesaid, prima facie suggests that it is the Margao Municipal Council which is in fact holding or rather involved in the Carnival Float Parade 2020 and for this purpose it has appointed the Organizing Committee chaired by Shri. Arthur D''Silva. Obviously, the Committee and its members are bound by the unanimous Resolution of the Council to hold the Carnival Float Parade 2020 along the route from Old Market Colva Circle to Lake Plaza at Fatorda (Fatorda). Obviously, the Committee and its members are bound by the unanimous Resolution of the Council to hold the Carnival Float Parade 2020 along the route from Old Market Colva Circle to Lake Plaza at Fatorda (Fatorda). The Organizing Committee, which owes its existence to the Council, cannot take decisions which are contrary to the decisions of the Council and that too unanimous decisions of the Councils. 15. Ms. A. Araujo, upon the query from the Court admitted that the application dated 5.2.2020 on the letterhead of the Margao Carnival Committee 2020 signed by the Chairperson was not backed even by the resolution of the members of the Committee. The Chairperson, in such matters is required to act in accordance with the resolutions of the Committee. The Committee in turn is required to act in accordance with the decisions of the Council which constituted the Committee in the first place. Clearly, therefore the Chairperson of the Committee had no right to apply to any of the authorities to hold the Carnival Parade on any route other than the route unanimously approved by the MMC in its meeting held on 15.1.2020. Neither the Director of Tourism nor the Superintendent of Police nor the Collector can therefore act on the basis of the applications made by the Chairman which are not even backed by any resolution of the Committee. Similarly, even the Committee cannot pass resolutions which run contrary to the Resolution no.4934 of the MMC. 16. If at all, the parade is to be held on any particular route other than the route referred to in the Resolution no.4934, it is for the MMC-Council to resolve on such issues. Only thereafter the statutory authorities can consider the applications. Besides, the statutory authorities must independently apply their mind in such matters and not go merely by the resolutions of the Councils. The statutory committee cannot entertain applications from individuals even though the individual may be the Chairperson of the Committee particularly where such applications have neither the backing of the resolution from the Committee itself nor the backing from the MMC. The Committee constituted by the Council cannot resolve contrary to the resolution of the Council itself of which they are the members. The Committee members when sitting in Council cannot unanimously support one route and thereafter propose some other route. The Committee constituted by the Council cannot resolve contrary to the resolution of the Council itself of which they are the members. The Committee members when sitting in Council cannot unanimously support one route and thereafter propose some other route. Such functioning by the Chairperson of the Committee or the Committee cannot be regarded as a democratic manner of functioning. 17. Mr. Faldessai states that it is not as if the Municipality is organizing the Carnival Floats but it is the Organizing Committee which is constituted by the Municipal Council to organize the floats. According to us, it is basically the MMC which is organizing the floats and therefore, it is the MMC, which constituted organizing Committee comprising the one of its Councilors as the Chairperson. The Chairperson, in turn, constituted Committee, again nominating the Councilors of MMC itself. However, even if we were to assume that the contention of Mr. Faldessai is correct, it is clear that the Committee which is itself constituted by the Council, cannot go against the resolution of the Council, particularly when the Members of the Committee were also parties to the unanimous decision of the Council. 18. Mr. Lawande and Mr. Faldessai did attempt to make submissions on the merits and demerits of the routes for holding the Carnival Float Parade. These issues, at least at present, do not arise and are premature. The only reason who we are compelled to interfere is because we are satisfied that the Committee, which is constituted by the Council itself, cannot act contrary to unanimous resolution of the Council. In case of any conflict, it is unanimous decision of the Council, which must prevail. 19. The Director of Tourism has placed on record the Minutes of the Meeting held on 17.1.2020 in relation to the Carnival Float Parades at various places in the State of Goa. These minutes refer to the presence of Shri. A.N. Panchawadkar, the Chief Officer of the Margao Municipal Council. These Minutes make no reference to the presence of any committee members of the Committee, though, in item no.7 there is reference of such committee members deciding to restore the Margao City Route. 20. We fail to understand as to why the Chief Officer did not place the minutes of the MMC dated 15.1.2020 on record in this meeting. These Minutes make no reference to the presence of any committee members of the Committee, though, in item no.7 there is reference of such committee members deciding to restore the Margao City Route. 20. We fail to understand as to why the Chief Officer did not place the minutes of the MMC dated 15.1.2020 on record in this meeting. We also fail to understand as to how some committee members of the Carnival Committee possibly not even constituted by then, are referred to in the minutes. The Committee members, as pointed out earlier, cannot act contrary to the resolution of the MMC itself. 21. For all the aforesaid reasons, we restrain the respondents no.1 to 5 from entertaining any applications for finalization of routes from the Chairperson of the Committee or the Committee when such applications or the route proposed therein, is contrary to the Resolution no.4934 of the MMC which is to be found at page 25 of the Paper Book of this petition. 22. The Rule in this petition is made absolute in the aforesaid terms. There shall be no order as to costs. 23. All concerned to act on the basis of the authenticated copy of this Order.