Reference Case No. 7(G) of 2019 – Disqualification of Shri Digambar Vasant Kamat, Member of Legislative Assembly of Goa, under Article 192 of the Constitution of India read with Section 9A of the Representation of the People Act, 1951.

File No. 113/7(G)/Goa/2019/Registry

COMMISSION’S OPINION DATED 09.07.2020- REFERENCE FROM HON’BLE GOVERNOR OF GOA ORDER DATED 04.08.2020- DISQUALIFICATION OF SHRI DIGAMBAR KAMAT, MLA

Allegation of disqualification- having subsisting contract with government of Goa.

It was held that Shri Digambar Kamat did not incur disqualification under Section 9A of the RP Act, 1951, as there was no subsisting contract between him and the appropriate government. The question of deriving indirect monetary benefit was not contemplated under Section 9A. A direct connection between Shri Digambar Kamat and the appropriate government was not established.

 Further, the decisions relied on by the Petitioner on the principle of Communion of Assets under the Portuguese Civil Code, 1860 were not applicable in the present case as they pertained to the legislations concerning local body elections.  

Held- Not disqualified.