Though the motion was passed by 4-3 votes, with seven of the nine members present at the meeting on Wednesday, provisions in the Goa Panchayat Raj Act prevented Prabhugaonkar from being ousted as sarpanch.
The BDO observer informed that though the no-confidence motion was passed with a majority of panchas present at the meeting, the sarpanch was not dislodged as per Section 51(1) of the Panchayat Raj Act.
On the motion of no confidence against sarpanch and deputy sarpanch, Section 51(1) of the The Goa Panchayat Raj Act, 1994 and Rules stipulates that “every Sarpanch or Deputy Sarpanch shall forthwith be deemed to have vacated his office if a resolution expressing want of confidence in him is passed by a majority of a total members of the panchayat at a meeting specially convened for the purpose.”
As such, five of nine members in the Loliem Panchayat were needed to oust Prabhugaonkar, and not a majority of members present at the meeting.
But, with Caitani Dias, one of five signatories to the no-confidence motion, and another woman panch, Vinda Satarkar, absent at the meeting, those moving the no-confidence motion then needed the support of five of the seven members present at the meeting to pass the motion.
However, the four signatories at the meeting could not get either deputy sarpanch Bandekar or Vijendra Naik to support them, and when Prabhugaonkar, the deputy sarpanch and Vijendra Naik voted against the motion, efforts by Shailesh Pagi, Santana Da Costa, Rajesh Naik and Shilpa Deikar to oust Prabhugaonkar were defeated.