------------------------------------------------------- CONVENTION OF THE GOAN DIASPORA FROM GOA INTO THE WORLD Lisbon, Portugal June 15-17, 2007 Details at: http://www.goacom.org/casa-de-goa/noticias.html -------------------------------------------------------
Monserrate on 'sticky wicket' say experts Panaji, May 15 Mr Atanasio Monserrate, who quit his membership of the Congress party and as Taleigao MLA, faces the risk of being disqualified from contesting the June 2 general elections to the state legislative assembly, according to legal experts.A few legal experts told 'The Navhind Times' this evening that a person who has filed his candidature on behalf of a political party cannot file another nomination form claiming to be a candidate of another - even if that party issues form A and form B. Mr Monserrate had first filed his nomination as Congress candidate and subsequently he went on to file as a candidate of the United Goans Democratic Party and also as an independent. The legal experts, who have held top legal positions in the state as well as the central level, said that the theory or response that he has resigned and withdrawn his form cannot be accepted primarily when a recognised political party has fielded him. They further stated that it was only the political party that sets up a candidate has the right to change its candidate up to the time of closure of nominations (3 p.m. today in this case). The law does not permit the candidate to withdraw his form. The legal experts further said that withdrawal of candidature could be done only after scrutiny and until the date and time appointed in the notification for withdrawal and not before. They also said that a candidate could file up to four nomination papers and not more and assuming that candidate has filed four defective nominations they were liable to be rejected. The also said that the candidate does not have any right or option to withdraw his nomination form or replace with a corrected or proper form and that he would have to wait and suffer his fate at the time of scrutiny. The legal experts further said that merely because Mr Monserrate had filed one or more sets of forms did not mean that he could withdraw them or file new ones in substitution of the earlier. Hence, when withdrawal was impermissible until scrutiny, the claim that there was withdrawal of nomination form as Congress candidate did not arise. They have also ruled out that his form as an independent could be considered as Section 33 of Representation of People's Act 1951 inter alia states: "Provided that a candidate not set up by a recognised political party, shall not be deemed to be duly nominated for election from a constituency unless the nomination paper is subscribed by 10 proposers being electors of the constituency." The legal experts have stated that from the above it was clear that only a candidate not set up by a recognised political party can be proposed by 10 proposers. They also said that a recognised political party set up Mr Monserrate as its candidate and hence he cannot seek to claim that the form as an independent ought to be accepted. They also said that if he was merely an aspirant with the hope of being set up as a candidate of the political party and in that hope had filed nomination form as party candidate and one set as independent and the recognised political party had not given him the ticket, his first set would have been rejected and he could legitimately claim acceptance of the other form, if the same was valid in all respects. The experts further stated that having been set up as a candidate by a recognised political party, his candidate by recourse to the proviso was not available and hence liable to be disqualified. http://www.navhindtimes.com/articles.php?Story_ID=05166 www.goanet.org ------------------------------------------------------- Goanet recommends, and is proud to be associated with, 'Domnic's Goa' - A nostalgic romp through a bygone era. This book is the perfect gift for any Goan, or anyone wanting to understand Goa. Distributed locally by Broadway, near Caculo Island, Panjim & internationally by OtherIndiaBookStore.Com. For trade enquiries contact [EMAIL PROTECTED] -------------------------------------------------------
