PANAJI: The High Court of Bombay at Goa today dismissed a petition challenging the appointment of Kabir Makhija and Kishore Sastry as nominated Councilors at the Corporation of the City of Panaji (CCP) stating that the power of Judicial review was limited.
Adv. Aires Rodrigues in his petition has submitted that the appointment of Kabir Makhija and Kishore Sastry as nominated Councillors was in total breach and violation of law as they did not possess the required Special knowledge and experience in Municipal Administration.
Adv. Rodrigues also submitted that while Kishore Sastry in his biodata had stated that his educational qualification was I.T.I in Electricals besides a municipal councillor for one term, Kabir Makhija had stated that besides a diploma in Civil Engineering he was a Sportsman and did modelling at various events including the Lakme Fashion Week while also being a Councilor for one term.
Adv. Rodrigues further submitted that Kishor Sastry had lost the CCP elections held in March 2021 while Kabir Makhija’s ward, having been reserved for women, was contested by his sister who was also defeated.
Adv. Aires Rodrigues, in his petition, had also challenged the very validity of Section 9 (1) (b) of the CCP Act which makes a provision to nominate up to five Councilors having special knowledge or experience in municipal administration, engineering, architecture, archaeology, heritage etc while drawing the attention of the High Court that this provision was violative of Article 243R of the Constitution of India which enables a non-elected member to be given a representation in a Municipality only if having Special knowledge or experience in Municipal Administration.