TMI Blog2012 (2) TMI 729X X X X Extracts X X X X X X X X Extracts X X X X ..... na Rodrigues (respondent No. 1), Xavier Fernandes (appellant's husband) and one Bernard Mario Fernandes submitted their bids. On March 28, 2008, the tender forms were opened in the office of the Respondent No. 2 and the bid of the Appellant's husband was accepted as his bid was the highest. Her husband, on acceptance of his bid, paid the first installment of 1/4th part of the bidding amount collection. 5. On March 31, 2008, the Respondent No. 1 made a representation to the Deputy Director of Panchayat, Madgaon, Goa bringing to his notice that the Appellant was liable for disqualification under Section 10(f) of the 1994 Act. It appears that the Respondent No. 1 also made an application to the State Election Commission (for short, 'Commission), State of Goa, on which the Commission directed the Respondent No. 1 to file a formal election petition seeking disqualification of the Appellant. Accordingly, the Respondent No. 1 filed an election petition under Section 11 before the Commission for disqualification of the Appellant on the ground that she has directly or indirectly a share or monetary interest in the above contract given by the Respondent No. 2 to her husband. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en 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. 12. Insofar as the present matter is concerned, we have to consider the applicability of Clause (f) of Section 10 to the extent, he has....indirectly any share or monetary interest in....any contract....by or on behalf of the Panchayat in the fact situation noticed above. A similar provision came up for consideration before a 5-Judge Bench of this Court in the case of Gulam Yasin Khan AIR 1966 SC 1339. That was a case where the Appellant and the Respondent No. 1 therein, namely, Gulam Yasin Khan and Sahebrao Yeshwantrao Walaskar respectively were candidates for election as members to the Municipal Committee, Malkapur. They had filed their nomination papers. At the stage of scrutiny, Sahebrao Yeshwantrao Walaskar objected to the validity of the candidature of Gulam Yasin Khan on the ground that Gulam Yasin Khan's son Khalildad Khan was a Moharir on Octroi Naka employed by the Committee and on account of the employment of Gulam Yasin Khan's son by the Municipal Committee, Gulam Yasin Khan had an interest in the Municipal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... easy to determine the scope of the limitation introduced by this last sub-clause. Mr. Gauba for Respondent No. 1 urged that the clause owning such share or interest is tautologous when it refers to direct interest or share, and is meaningless when it refers to indirect share or interest. Prima facie, there is some force in this contention; but whatever may be the exact denotation of this clause, it does serve the purpose of limiting the character of the share or interest which incurs disqualification prescribed by the clause and it would not be easy to ignore the existence of the last portion of the clause altogether. 8. It is quite true that the purpose and the object of prescribing the several disqualifications enumerated in Clauses (a) to (l) of Section 15 of the Act is to ensure the purity of the administration of Municipal Committees, and in that sense, it may be permissible to hold that the different clauses enumerated in Section 15 should not receive an unduly narrow or restricted construction. But even if we were to adopt a liberal construction of Section 15(l), we cannot escape the conclusion that the interest or share has to be in the contract itself. When we are en ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in such a case it is deemed that the spouses are married under the simple communion of acquired properties. xxx 1108. - The marriage as per the custom of the country consists in the communion between the spouses of all their properties, present and future, not excluded by law. 16. Section 5A of the Income Tax Act is as follows: 5A. Apportionment of income between spouses governed by Portuguese Civil Code. - (1) Where the husband and wife are governed by the system of community of property (known under the Portugese Civil Code of 1860 as COMMUNIAO DOS BENS ) in force in the State of Goa and in the Union territories of Dadra and Nagar Haveli and Daman and Diu, the income of the husband and of the wife under any head of income shall not be assessed as that of such community of property (whether treated as an association of persons or a body of individuals), but such income of the husband and of the wife under each head of income (other than under the head Salaries ) shall be apportioned equally between the husband and the wife and the income so apportioned shall be included separately in the total income of the husband and of the wife respectively, and the remaining prov ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ied. It may have even the same meaning as the phrase right title and interest but it has been said also to mean any right in the nature of property, but less than title. The word is sometimes employed synonymous with estate, or property. Interest means concern, advantage, good; share, portion, part, or participation. A person interested is one having an interest; i.e. a right of property or in the nature of property, less than title. The word 'interest' is the broadest term applicable to claims in or upon real estate in its ordinary signification among men of all classes. It is broad enough to include any right, title, or estate in or lien upon real estate. One who holds a mortgage upon a piece of land for half its value is commonly and truly said to be interested in it. xxx. 20. The word 'interest' has a basic meaning of participation in advantage, profit and responsibility. 'Interest' is a right, title or share in a thing. 21. Section 10(f) speaks of monetary interest. The general rule that the wife's interest is not necessarily the husband's interest has no application where the husband and the wife are governed by the system & ..... X X X X Extracts X X X X X X X X Extracts X X X X
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