LIES OF THE SARPANCH NAILED

The Sarpanch of Benaulim finds it more convenient to address the villagers through the Press rather than face the Gram Sabha members at the meetings. How else can she afford to feed lies to the public? We reproduce below the news report (in Italics) that appeared on the English daily Herald of June 12, 2009 with our responses (in bold).

HERALD REPORTER
MARGAO, JUNE 11
Benaulim Sarpanch Carmelina Fernandes have challenged any person to show any material facts that she and the Panchayat body were persistently remiss in the discharge of her or their duties or have misused or abused powers vested in her or them.
Reacting to the demand raised by residents of Benaulim for the dissolution of the Panchayat body, Carmelina said action contemplated can only be taken on persistent remiss in the discharge of duties of a Sarpanch and or misusing or abusing the powers given by the Panchayat.

BANAULEKARS RESPOND
The Benaulim Villagers don’t blame `our Carmelin’. She sometimes forgets that she is the Sarpanch of the village and conveniently tends to slip away before the commencement of a Gram Sabha, which she herself had convened. Please madam, catch-up on your reading. The sins of Commission And Omission have been deliberated during the adjourned Gram Sabha meeting held on 7.06.2009. Those were the starters. The main course will follow.

She said several members of the so-called Benaulim Action committee were previous members of the panchayat body and sarpanch and they did not form any committee.. “Till date, no panchayat in Goa has formed any ward development committee. The Panchayat Act clearly states that the Panchayat may formulate the Ward Development Committee and the same is not mandatory”, she added.

BANAULEKARS RESPOND
The issues related to the participatory planning for the Benaulim Village are not limited to formulating Committees or the Ward Development Committee [WDC]. It goes beyond the formation of a WDC in Benaulim village to not convening a single meeting of the said WDC even after six months of it being formed. The socio-economic plan was to be ready by November, 2008. We are now in June, 2009. It is heartening to know that the Sarpanch is well versed with the knowledge and interpretation of the Goa Panchayati Raj Act, 1994, and Rules made thereunder. How come she is selectively ignorant of the requirement that Gram Sabha resolutions have to discussed and implemented by the Panchayat Body within the meaning of the Goa Panchayati Raj Act, 1994


The Benaulim Sarpanch sought to know why the media accepts the opinion of few persons, who are all persons who have lost panchayat elections and are making false statements to score points for future elections.

BANAULEKARS RESPOND
BVAC is a forum of all Benaulim Villagers which has been demonstrated time and gain during the past one year. In a village forum, there are bound to be persons who may have contested and lost panchayat elections. They have their social responsibility too.

The Benaulim residents challenge the Sarpanch and her entourage of `no good doers’ to prove any of the statements false. If the Government authorities do not see reason in the so called `false statements’, we are confident that the Judiciary will.

“The opinion of these persons does not represent the remaining 17,000 people who have never been heard and not allowed to be spoken”, she said.

BANAULEKARS RESPOND
The opinion of the Gram Sabha members does matter. How can the GS members speak when she and her Panchayat body does not attend or convene Gram Sabhas in time. Even if one forgets the Village Plan under RP 2021 for the moment, what is Benaulim Panchayat’s track record on other issues during the last two years?

Saying that the panchayat had always been acting as per the law, Carmelina has challenged any person to show any non-action during the present term of functioning. “The Sarpanch and all ward members have started the cleaning of drains. However, till date, the secretary has not cleared the drain cleaning amount of last year”, she said.

BANAULEKARS RESPOND
The Sarpanch and her ward members appear to be in a stupor. The clogged and the dirty drains are a testimony to her false assertions. The Panchayat is yet to start the cleaning work till date. Having made a statement to the press, it could have been prudent on her part to start work on at least a single drain as a face saving measure. The Gram Sabha had been vociferously urging the panchayat to commence de-silting/cleaning operations from mid-May since it is comparatively less expensive to procure labour and easier to clean the drains. As for the secretary not clearing the drain cleaning amount of last year, need we say anything about the efficiency of the Sarpanch and the Panchayat to get things done.

Asserting that no construction license had been approved during the present term, the Sarpanch has challenged any person to show any file or mega construction approved during her terms as Sarpanch.

BANAULEKARS RESPOND
The Sarpanch’s diversionary tactics are very evident. No Gram Sabha member has ever complained that this Panchayat Body has approved mega construction projects recently. We stand by our statements that the Sarpanch, including the Panchayat Body has failed to take action on the irregularities committed by the licence holders of these so called mega projects. The inaction on part of the Panchayat Body for the last one year can be deduced as a `Safeway’ for the builders to complete the construction without any hindrance.

She, however, said many mega projects which received approval from PWD and obtained NOC from the TCP, wherein the so-called Action Committee has failed to confront the other departments.

BANAULEKARS RESPOND
This statement again proves her immaturity. There is a redressal mechanism withing the Directorate of Panchayats and in the judicial system available for the Panchayat to appeal if it feels that the PWD, TCP or other Departments have erred. The Gram Sabha has got the undisputed right to question the Panchayat. The Panchayat Body cannot expect the GS members to confront each and every Department.. It is the duty of the Panchayat to do that. It cannot abdicate its responsibility and only use or abuse its powers.

She said the bais of the so called Action committee members toward here is well know after they tried to put a garland of slippers on her on the day of her election as village Sarpanch.

BANAULEKARS RESPOND

BVAC would not like to be drawn into this controversy of the garland of slippers. The Chairperson of BVAC is on record having welcomed the new Sarpanch on her getting elected to the post. The photograph on the newspaper showed two persons holding a garland of slippers. These two people later clarified that it was not meant for a particular person and that they were holding the garland to remind the new Sarpanch that the villagers will garland them with slippers if they do not function effectively. The elections to the Sarpanch were held behind closed doors with police protection. There were three candidates in the fray. There was no way that these people could have known that Carmelina would get elected as a Sarpanch. Unless she says that the elections were rigged and the result was announced before the election process even started. That is not the view of the BVAC and, hence, it is unfair to accuse us of having personal animosity against her. We have none.. We only want the person who is elected as the Sarpanch of our village to be 'the first among equals' and keep the interest of the village and villagers uppermost in all he or she does. The one who is unprepared to do this should step down and make way for the one who is willing and able to do it. There are enough Panch members vying for that post, if she finds it a burden on her conscience and on her shoulders.

OF LEGENDS, LAWYERS & LADRAOS

Among the greatest Goans… goes the title of a feature written by Valmiki Faleiro on the daily Herald of 10th June, 2009. It’s the 150th birth anniversary of Roque Correia-Afonso. "Roque Correia was a legendary advocate from the ‘garden’ village of Benaulim", says Valmiki Faleiro. Valmiki articulates the qualities of this multi-faceted persona – advocate, journalist, politician and statesman from the `once’ quaint village of Benaulim and summaries this legend as `Though an acclaimed advocate, this “champion of lost causes,” who all his adult life fought oppressive officialdom, leveraged his intellect, legal skills, powerful oratory and a mighty pen for the dignity and political rights of Goans’

It’s quite ironical that the villagers of Benaulim had to serve a `legal notice’ on the non-functioning of the local Panchayat body to the Government of Goa on the occasion of the 150th birth anniversary of this illustrious son of Benaulim. If RCA was instrumental in enactment of enlightened laws to revive ‘ganvkaris,’ through better agricultural practices (he had a particular fondness for coconut cultivation, which he dubbed the “major wealth of Goa”), the current Panchayat Body of Cana-Benaulim is ironically on a mission to do exactly the opposite of what RCA strived throughout his life.

Valmiki wrote, "RCA inherited not just the name and legal mind, but, from his grandpa’s lap, love for humanity and for Goa." Today, Benaulim boasts of professional in many fields, perhaps the influence or inheritance of the qualities from luminaries like RCA. Its quite ironical that social minded `nobodys’ from the village better known as `layman’ had to wake up and get a lawyer from Margao to safeguard the interests of our petite Benaulim.

Is anybody listening ??????

BANAULEKARS PROTEST

An impromptu call to a few social minded activists of Benaulim saw nearly two hundred villagers of Benaulim turn up at the Deputy Director of Panchayats, South Goa, Smt. Shabari Manjrekar on 10th June, 2009, to protest regarding the functioning of the Benaulim Panchayat. Advocate Anacleto Viegas, on behalf of Mr. Cyriaco Barretto, Pesident of Benaulim Residents Consumer Forum served a legal notice to the Director of Panchayats and submitted a copy to the Deputy Director's office regarding the functioning of the Benaulim panchayat. An oral representation was also made by Ms. Geraldine Fernandes & Mr. Benny Fernandes, Chairperson and President of the BVAC. Coincidentally, the day happens to be the 150th Birth anniversary of Roque Correia-Afonso, the legendary advocate from the ‘garden’ village of Benaulim.
The complaint states, "In my notice dated December 30, 2008, my clients had requested you to initiate action against the village panchayat within 15 days. Inspite of the passage of six months from the date of notice, no response or communication has been received from you.'' The legal notice has brought to the fore the functioning of the Benaulim panchayat and its "failure to carry out any worthwhile work leading to hardship for the people. My clients request that the village panchayat be placed under suspension and its duties be entrusted to an administrator till the completion of inquiry.'' Smt. Shabari Manjrekar said she would inquire into the charges of irregularities besides finding out the role played by the block development officer in the matter of granting leave to the sarpanch and deputy sarpanch on the day the Gram Sabha was convened. The officer noted that a detailed report will be submitted to the Director so he could take necessary action if the charges were found true. The notice states that the Benaulim Panchayat has not yet convened a meeting of the ward development committee. It highlighted the deficiency in convening only two ordinary gram sabhas against the stipulated four. The meeting scheduled for July was convened in August last year but held in October, while the October gram sabha was not held. Similarly, the January 2009 Gram Sabha was convened in March. No proposals were discussed and the April Gram Sabha was not convened. Moreover, seven fortnightly meetings were held in ten months against the stipulated 20. The charges also include Gram Sabhas adjourned arbitrarily on three occasions without the consent of the Gram Sabha members and a 2-3 week gap between meetings, time wasting tactics and failure to give satisfactory answers. Advocate Anacleto Viegas also served the legal notice to the Block Development Office informing them, "Please note that this as our last and final notice and if action is not forthcoming from your end, the matter shall be referred to the high court on completion of 15 days from the receipt of the notice.''

The villagers later met the District Collector Mr. G. P. Naik who promised to refer the matter to the Chief Secretary for immediate action.

The villagers then marched to the office of the Block Development Office only to find both BDO’s absent. The villagers who were a bit disappointed were addressed by Mr. Seby Fernandes, Convener of BVAC infront of the BDO’s office. Geraldine pointed out that the Panchayat was instigating the people to come out on the streets and agitate, whilst appealing to the Sarpanch to step down gracefully and save Benaulim from destruction. The villagers were also addressed by Mr. Benny Fernandes.

The villagers later dispersed, vowing to take the fight to its logical conclusion, no matter what it takes.