Panchwadi complaint of unlawful conducts at Gram Sabha

PANCHAWADI BACHAO SAMITI

c/o Christev D'Costa (Ex-Sarpanch),

Vizor, Panchawadi,

Ponda Taluka, Goa

Date: 7^th February 2010

To

The BDO Ponda Taluka,

Ponda, Goa

SUB: UNLAWFUL CONDUCT OF PROCEEDINGS AT PANCHAWADI GRAM SABHA ON 7/2/2010

Dear Sir

Further to our conversation with you at around 5 PM on 7/2/2010 in the aftermath of the Gram Sabha fiasco, we hope that you shall deliver quick justice in our case.

The events of the Gram Sabha of V.P. Panchawadi held on 7/2/2010 are correctly recorded as follows:

1. The Gram Sabha commenced at 10.40 AM on 7/2/2010. It was chaired by the Dy. Sarpanch in the absence of the Sarpanch.
2. The attendance register was taken around to record the names of the attendees from 10.40 AM to 1.10 PM.
3. Gram Sabha proceedings commenced immediately thereafter.
4. The first item on the agenda, confirmation of the minutes of the previous Gram Sabha Meeting held on 22/11/2009, was taken up first.

a. In item no. 3, name of Mr. Manuel D'Costa as proposer was deleted and Mr. Dilip Gaonkar the Panch was added in his place, since the letter from Sesa Goa was an internal correspondence of the Panchayat. However, the Secretary did not enter the same in the minutes register, in spite of requests.

b. In item no. 4, the person recorded to have proposed the said resolution, clarified that there was no separate issue and that his submissions were with regard to item no. 3 only, and not recorded correctly. Hence it was decided that the said item no. 4 is canceled. However, the Secretary did not enter the same in the minutes register, in spite of requests.

c. The last two lines of the unnumbered resolution were pointed out to be incorrect by the majority of the Gram Sabha members present. It was pointed out that when the mike had been snatched during discussions over the said proposal, the Sarpanch had fainted and the Gram Sabha Meeting of 22/11/2009 ended amidst chaos. The Dy. Sarpanch had then declared that the meeting was adjourned and that the further date would be announced after the next monthly meeting of the Panchayat body. The Dy. Sarpanch and Secretary were questioned on how the records were blatantly falsified, but they had no answers and yet refused to correct the same. This refusal of the Secretary under the instructions of the Dy. Sarpanch amounts to usurping the powers of the Gram Sabha in a most blatant manner. The meeting was thereafter held up in discussion on the same issue for almost half an hour.

5. At this point, the Dy. Sarpanch abruptly took up the fifth item on the agenda without concluding the first, or even considering the second, third and fourth items. This act itself shows the Dy. Sarpanch's bias and intentions, which are confirmed by the pre-determined course of action that was to follow.
6. Without any deliberations on the issue contained in the fifth item, the Dy. Sarpanch asked the persons supporting the proposal for mining roads to raise their hands. Only about 40 persons raised their hands in support of the project and the rest of the attendees forming an overwhelming majority opposed the same. Thereupon, the Sarpanch stated that since the Gram Sabha members are not co-operating, he is entitled to decide the issue and said “resolution passed”. This is gross misuse of power by the Dy. Sarpanch in concert with the Secretary and is also unlawful under the Goa Panchayat Raj Act, 1994.
7. After stating “resolution passed”, the Dy. Sarpanch accompanied by the other two Panchas, the BDO observer and the Secretary (carrying the minutes register) fled from the venue before the people could respond.

We therefore demand as follows:

1. The resolutions taken on the issue of mining roads during the Gram Sabhas of 22/11/2009 and 7/2/2010 to be declared null and void.
2. The Secretary of V.P. Panchawadi to be suspended with immediate effect for his involvement in the conspiracy to defraud the Panchayat Raj institutions and misuse of powers.
3. The Dy. Sarpanch to be disqualified for gross misuse of power, fraud and misrepresentation.

Thanking you,

Yours faithfully,

Christev D'Costa and others

(signatures attached separately)

Interpretation from Panchwadi Bachao Samiti on events of 7th February in the village

Overwhelming opposition to the proposed mining roads dominated the Gram Sabha Meeting held on 7/2/2010 at Panchawadi, which eventually ended at 4 PM in chaos and confusion, yet again. Over 400 persons opposed the proposal by Sesa Goa to use Panchawadi for mining activities, completely outnumbering the handful of supporters of the Sesa proposal. However, the Dy. Sarpanch, who was chairing the meeting in the absence of the Sarpanch, and the Secretary continued to use illegitimate means to further the aims of Sesa by refusing to allow a hand vote to prove the majority.

The first two and a half hours of the grueling meeting were consumed in taking signatures of the attendees. The meeting then commenced with reading of the previous Gram Sabha Meeting minutes which went on for another 3 hours without conclusion. The Dy. Sarpanch and Secretary were grilled by the Gram Sabha members for falsifying the minutes, to which questions they could not offer any replies. Frustrated with the impasse, the people asked the Dy. Sarpanch to decide the issue with a hand vote. When the Dy. Sarpanch asked the supporters of the Sesa plan to raise their hands only a dozen persons lifted their hands. Overjoyed with their victory, the villagers next asked the Sarpanch to count the number of members opposing the said project. The Sarpanch refused to allow the hand vote in spite of persistent demands from the Gram Sabha members. As the Gram Sabha members mounted pressure for the hand vote, the Sarpanch abruptly stated that since the Gram Sabha members were not co-operating, he had adopted a resolution approving the Sesa proposal. After making this statement, the Sarpanch, Secretary, BDO observer and the few supporters of the mining company abruptly and hurriedly left the venue under the protection of the large police posse. The majority of the villagers were left shocked and agitated by the unlawful act of the Sarpanch followed by his sudden disappearance, an obvious plan to undermine the Gram Sabha. This was followed by intense protests by the angry villagers who even blocked the Shiroda-Sanvordem road for over one hour, during which period some persons damaged the Panchayat building. The villagers have pointed out that not a single policeman attempted to stop the breakage and allege that the damage to the public property was a pre-planned move by the supporters of the mining company.

The Panchayat authorities finally arrived at the scene only at about 5.15 PM and assured the villagers that their grievances would be resolved immediately, which assurances have been taken by the villagers with more than a pinch of suspicion.

Cortalim locals want resurvey of SC, ST, OBC population

The Cortalim-Quelossim gram sabha on Sunday demanded resurvey of ST, SC and OBC and disabled population conducted by OBC Commission.

Censuring the survey, ST leader and former Cortalim sarpanch Antonio Francisco Fernandes said that the survey conducted in Cortalim and Quelossim had glaring blunders and gave an instance, where many families who are non-ST were classified as ST members.

Fernandes also claimed that apart from some houses of other wards, two wards - Church Street and Consua, both in Cortalim, were not covered at all by the survey and termed as a sham.

Fernandes demanded that the responsibility be fixed for the mistakes done by the survey officials.

Fernandes also mentioned that people with surnames as Bimapapa, Chowdary were also included in the survey indicating that non-Goans were also included in the survey list and regretted that the survey did not identify any disabled person despite the fact of many disabled villagers residing in the villages of Cortalim and Quelossim.

Ridiculing the officials, in particular the deputy collector of Mormugao for the inordinate delay in issuing caste certificate, Fernandes alleged that Mormugao Taluka was a unique case where the ST, SC and OBC population had to go through many hurdles in getting caste certificate.

“Even after enclosing all certificates, the deputy collector sends correspondence to the Mamlatdar who in turn sends it to the talathi for conducting a report. After the report is compiled by the talathi, he sends it to Mamlatdar who again sends it to the deputy collector which as a result a lot of time is lost,” Fernandes lamented and added that in other talukas one could get a caste certificate within a week.

On the social welfare schemes, the gram sabha came down heavily on the officials present at the meeting stating that the schemes were not beneficial to the beneficiaries.

“Even educational stipends were not being paid and the students had to simply incur expenditure like swearing of affidavits, etc,” the villagers grumbled.

On the controversial assessment of house tax, the gram sabha demanded that the panchayat first pass a resolution and demanded one month’s time to follow the proper procedure as laid down in the Panchayati Raj Act before implementation the revised house tax.

The meting was presided by Deputy Sarpanch Marcelo Monteiro and was also attended by the officials of social welfare department.

Herald, October 12, 2009 Panaji

They Want to Silence the Voice!

PETER FERNANDES calls upon us to ensure that our voice is not silenced in the face of injustice and wrongdoing

Herald, Panjim, 17th August 2009

It has been said that a right is not what someone gives you; it is what no one can take from you. Freedom of speech is our fundamental right. The use of this right is our duty; and with it comes responsibility. Every democracy must uphold this freedom for the welfare of its citizens and the prosperity of the land. The voice of the people is a cry for growth and well-being of all; and it weeps in condemnation when government makes wrong and immoral decisions. This fundamental right is the indicator by which the health of the state is checked, to prevent it from being corrupted and corroded. The minute government tries to snap the voice of the people, it shows that something dreadful is occurring.

Power corrupts! This is an age-old saying, rich in wisdom. It continues, “And, absolute power corrupts absolutely.” Needless to say, power is not given up without a struggle. The power-grabbers are terrified by the voice of the common man, the voice which probes their faulty conscience and exposes their insincerity. Most dictators have been successful in holding on to their power because they controlled and manipulated the media, and silenced the voice of the people. Our history bespeaks loudly and clearly of tyrants, and the dark eras in which humanity suffered untold humiliations and anguish, for the exact reason that the voice of the people was silenced. Be bold, and never yield your freedom of speech! Never forget, history repeats itself if lessons are not learnt in time. Despite the horrifying past, our present is no different, even in the face of education and advancement of civilization. Humanity continues to suffer under wicked leaders in this day and age.

Indira Gandhi played foul during the 1971 elections, for which she was indicted by the Allahabad High Court. The court set aside her election to Parliament in 1971. This meant she would lose power as prime minister. To silence the voice of justice, she declared an emergency, in order to hold on to power and cover her misdeeds. During the nineteen months of suspension of democracy, she silenced the voice of freedom and truthfulness, by imprisoning thousands of leading citizens without warrant or trials. Democracy in India was on the brink of death, because cowardly demagogues smothered the voice of the people.

“Silence the voice!” This frightening scenario, utterly disturbing and disheartening, permeates our State of Goa. Many noble souls in the past have raised their voices to challenge the status quo of corruption that has vitiated the atmosphere for the worse. A few did succeed in keeping their heads high, several intimidations by our elected leaders and their goons. Nevertheless, several others, swayed by the might of money and muscle power of our leaders, quashed their voices. Nowadays, they employ similar tactics to wipe out the wrong they have done, by silencing the voice of conscience. These elected politicos do not really represent the voice of the people and their right to be heard – on the contrary, in fact, for they sink their heads in the swamp of corruption, where decency and truth do not reside, and they are threatened by any voice that summons their conscience.

I flipped through a few pages of our history books. These pages recalled the vivid and painful history of Goa. It was during the language agitation, when the whole of Goa rose with a single voice to make Konkani the official language of Goa. The then Chief Minister, who is the present Speaker, along with pro-Marathi colleagues, tried to silence the voice of the people of Goa. However, many of our brothers and sisters fearlessly gave their blood, and did not allow their voice to be silenced. How do we recall and remember these martyrs, and the entire language movement? Has anyone apologized? What about retribution for the people of Goa for the loss of life and property? Should not these leaders be put on trial for their crimes against humanity?

People of Goa recognize the importance of their voice. This voice can be heard now in every nook and corner of Goa. For too long a time, being unmindful of the evil plots of their leaders, this voice remained still and silently tolerant. The elected leaders, without giving it a second thought, unleashed their corruption, which has saturated every fibre of the fabric of our society. Suddenly, with each passing day, politicians are conscious of the voice of truth echoing everywhere, which agitates and disturbs them. This scenario explains the recent outburst, which provided for all concerned citizens a hearty laugh at the expense of our leaders.

Today, every Gram Sabha turns into pandemonium. This is a syndrome of a much more serious malady which has engulfed our society. Those of the administration and government are in their positions because we hired them to work for us. Why then do the elected representatives not give heed to the voice of the citizen? Why do they desire to suppress and trample this liberty? The infrastructure is crumbling before our eyes, as the crime rate escalates beyond imagination, and our leaders are gleefully washing their hands in a dirty bowl of their own crimes. Yet, they have the audacity to silence the media. How long will you delay, and how many gruesome crimes must be committed, before this touches your core? We sit on a time bomb. Are you waiting for it to explode and extinguish our society forever? Goans are now well aware of these evil plans which will lay to waste our beloved state. This explains why people are opposed to mega housing projects, SEZs, Mopa airport, Sports City, unbridled mining, and casinos.

It is critical for our citizens to vigorously exercise their freedom of speech and voice their dissatisfaction and vexation, and to hold their leaders responsible. At the same time, it is equally crucial for the elected representatives to hear and listen to the populace, and address their anxieties and ire with mutual respect for reviving Goa, and rebuilding a healthy society. We have a mammoth role to play in the liberty our democracy assures us. Those who are afraid of the voice of the people, who will not let their voice be strong, have something to hide and, in their arrogance and disregard for all, have betrayed their own conscience. They have placed their selfish interests above the long-term benefits of our state.

We have seen the people of the villages come out on the streets, for the government to hear their united voice against mega housing projects, SEZs, Mopa airport, Sports City, unbridled mining, and casinos. Most admirable! Without hesitation, do not allow anyone to quash your voice now. It would be the greatest menace to our freedoms to give the go-ahead to politicians to rise up and put shackles on gullible citizens! Free speech is the deadliest enemy of a tyrant. Equally potent support is needed to punish the guilty, those who have committed detestable crimes against humanity. Neither rely on our government, nor be deluded by false promises, for they are hand-in-glove with the guilty. How we exercise our liberty will ultimately determine if our freedoms survive. Our individual voices may be feeble, but when united with the entire community, we can bring down the Walls of Jericho!

In Defence of Ambelim's Anthony D'silva

“D’Silva: The one-man Ambelim army” was the title of the article that featured on front page of Goa’s leading English daily – Gomantak Times on May 01, 2009. The article on Anthony D’silva highlighted role he played in bringing about awareness on the regional plan and helping in formulating of the village regional plan 2021 for his village and getting VP3 status.

It is precisely this publicity that created some more hardships to Anthony that has suffered umpteen numbers of them in the past including physical assault on his body twice – once by Police in 2002 at Margao Police Station and the second time at the hands of Goons in 2007 in Cuncolim.

The publicity in the newspaper created problems for the village sarpanch. He then launched offensive against Anthony. First convened village comittee for Regional Plan 2021. The legal standing of that so called regional plan 2021 committee itself was in doubt,as the regional plan was submitted long before.Then he got his position clarified in the press. Simunltaneously called special Gram Sabha on May 17 2009 to discuss newspaper report on Anthony D’silva on May 1, 2009. "The meeting was called in a hasty manner,bringing to the notice of the public just less than 24 hours." Anthony obeserved

At this Gram Sabha of May 17 2009 one of he resolutions taken reads as follows “Gram Sabha Members unanimously proposed and resolved that henceforth Mr. Anthony D’silva should not be appointed/nominated on committee relating to the Panchayat work in future.” Mr. Anthony D’silva himself was not invited for this Gram Sabha even though the matter was relating to him. He however got the copies of the minutes of the Gram Sabha through RTI application and was shocked to read the resolution on him. Clearly this was Political Vendetta_ Political muscle flexing as power equations were threatened.

Anthony raised a question “Why punish me without trial: without even a copy of notice to attend the so called Special Gram Sabha meeting? Why personal attack in the Panchayat in my absence?”

Legally, according to Anthony the Special Gram Sabha does not hold ground as according the existing Panchayat laws – The Goa Panchayati Raj Act 1994 one tenth of member of Gram Sabha has to make request for such a meeting. “Sarpanch shall, upon a reacquisition in writing by not less than one-tenth of number of members call an extraordinary meetings of the Gram Sabha, within thirty days from the receipt of such requisition.” Reads Section (3) (5) of the The Goa Panchayati Raj Act 1994.

There are only 4 gram sabhas specified in a year ,and 4 special gram sabhas with dates mentioned as 26th January, 15th August, 2nd October and 19th December. Other then these gram sabhas are titled as extraordinary gram sabhas, so as per the act the sarpanch could have taken a extraordinary gram sabha,but this category of gram sabhas needs atleast 10 percent of the total gram sabha members to requisition in writting requesting for the same. Of course in realty this special Gram Sabha to decree on Anthony D'silva_ not even a single gram sabha member nor single panch asked for. The required procedures were not followed at all.

Ambelim village that is in close proximity of Assolna in Salcette has the population of approximately 3000 people and nearly 40% of whom are tribals. There is no School nor Hospital in Ambelim Panchayat jurisdictions. Situation of housing and even sanitation is very acute. I personally witnessed this situation in one locality of the village known as “Pedda” that was flooded few years ago when the Sal river over flew. Anthony D’silva once even remarked that if these village problems are not taken care of then future terrorists will come from Ambelim.

Some tribal families however has made fortune through their ventures in Gulf Countries, Shipping overseas and fishing trawlers but their percentage is very small and majority of the tribal communities here – Gawdas and Kunbis continue to live in very poor and hostile conditions that are being further nurtured by existing political leadership.

Ambelim that way is no short of educated and rich but are all migrated out of Ambelim to Margao, and other parts of world. They however have failed to plough their knowledge and wealth back into the village. This, Anthony feels is a major tragedy. “If only they had had to think that Ambelim must be treated more than their holiday destinations periodically but something much more than that_ the change can come about.” Anthony laments.

Anthony has been leaving in this village after returning from Bombay for nearly a decade now and has immediately launched number of initiatives in the village at his own personal expenses towards creating political awareness in the village. Originally from ambelim itself, Anthony has brief innings in the Gulf - before settling in Bombay - for livelihood reasons like so many thousands of People from Goa do. One of the interesting things he started was the newspaper Kiosk in his village. Ambelim village has very unusual and geographically unfriendly topography. Settlements are spread out all over the places. Anthony would regularly buy newspapers in the morning and spread them in kiosks at different places in the village. Spaces for the kiosks were made available by the villagers themselves. So he promoted habit of reading newspapers daily amongst the People of Ambelim. Perhaps this is the reason that newspaper story on him made such a huge impact of the local Panchayat.

All the newspapers would be welcome in his village except those involed in the sale of Goan land on mass scale . Anthony campaigned against www.magicbricks.com of Times Group and other sites because they were involved actively in sale of Goa’s land though internet and through Goa land sale fairs in Delhi.

Anthony also initiated signature campaign against Sale of Goa’s land to foreigners. With megaphone in his hand he toured village to village to spread the message of the cause that he chose to campaign as it was dear to his heart.

Then he has been very vocal participant in number of protest meetings against ‘Mega projects’ of real estate as well as protests against mining.

In health sector he helped and took care of many to the extent of even travelling out of the state of Goa and number of times to accompany the sick.

He organised awareness camps on ill effects of smoking, alcohol and drugs, hiv/aids, blood grouping, blood donations etc. and has provided advice relating to health and sickness

He also organised carrier guidiance and counselling for less fortunate student and X students. Besides helped lot of children in guiding them to get admissions in schools,colleges and even in vocational and professional colleges etc

He has been publicly debatting issues on social issues like HIV/AIDS, rampant sale of goan land,special status to Goa, agricultureal activities, mosquitoes control programes, etc.

"I have brought agricultural programmes to the people of my village of Ambelim" Anthony quips.

He has been appreciated for his work by his alma matar school Monte de Guirim for the first time in the history of the school for the social works being done in Goa.

Anthony’s political analysis about his constituency is very sharp and precise. And precisely that has ruffled up many powerful people in power. On 23rd May 2002 he was picked up few days before the General Assembly elections in Goa_ taken to Margao police Station and beaten up on his legs 11 pm in the night. The reason: He was campaigning against BJP and screening the documentary film on communalism “He Ram”. He was released during mid night after large number of people began assembling outside the Police Station in Margao and Politicians feared sympathy wave against them.

Then in 2007 on 8th April Anthony was assaulted by five goons belonging to an influential politician from South Goa while he was on a visit to one of the sick persons at NUSI hospital in Cuncolim, Salcete. Anthony was brutally beaten up – kicked on his stomach that forced excreta out of his body and simultaneously caused vomiting of blood. Goons while beating up Anthony D’silva shouted “this fellow is always against Philip Neri Rodrigues. Now we will teach you a lesson.”

Doctor at NUSI hospital who examined him on the spot – Dr. Rahul Velip - certified that Anthony has suffered grievous hurt from the assault and admitted him to the hospital. He was treated for some days and then discharged on 10th April 2007 from the NUSI hospital. Next day of his release another Doctor of the hospital Dr. Prahlad Savaoikar changed the certificate of Dr. Velip and issued new certificate to the police that the hurt sustained by Anthony D’silva was ‘minor and simple’ and Dr. Rahul Velip had committed mistake in giving the certificate that it was ‘grievous hurt’. The entire episode of attack on Anthony sounds very shady with political vendetta at its best. Isn’t it?

The controversial gram Sabha of Ambelim Panchayat has brought in Anthony D’Silva and the service he renders to the community in sharp public focus. The activities with all its diversity have a uniformity of purpose – political awareness of the community. Anthony uses both his knowledge as well as his courage at the service of the community with great risks to his life and family. He is one of the few active citizens in Goa today who can be compared to the valiant people in the Goa’s freedom struggle. He deserves recognition and salutations of all people with a determination for defence of freedom, community empowerment and political change at their core. I stand in defence of Anthony D’Silva and salute him for all that he stands for as it is only best for the future of Goa and India, and for humanity's yearnings for liberation.

Sebastian Rodrigues