Quasi-Judicial Powers Cannot Be Delegated Without Express Statutory Authority: Bombay High Court Holds Director of Municipal Administration Lacks Jurisdiction to Remove Councillor Under Section 44 of Goa Municipalities Act

1. Case Snapshot

Case Name: Jervis Fernandes vs Rumaldo Judas Agnelo Fernandes And Anr

Citation: 2026:BHC-GOA:1166

High Court: High Court of Bombay at Goa

Bench: Hon'ble Mrs. Justice Valmiki Menezes

Date of Judgment: 18th June, 2026

Area of Law: Constitutional Law, Municipal Law, Administrative Law, Delegation of Powers, Quasi-Judicial Powers

2. Judgment in Brief

The Bombay High Court at Goa dismissed a writ petition challenging the order of the Director of Municipal Administration (DMA) who had rejected a complaint seeking removal of a municipal councillor on the ground of lack of jurisdiction. The Court held that the power to remove a councillor under Section 44 of the Goa Municipalities Act, 1968, is vested exclusively in the Government and is a quasi-judicial power that cannot be delegated to any other authority. The Court clarified that the Gazette Notification appointing the DMA as Ex-Officio Joint Secretary of the Government only authorized the DMA to perform secretarial functions and sign communications on behalf of the Government after receiving approval from the competent authority, and did not constitute delegation of substantive quasi-judicial powers under Section 44. The Court further held that in the absence of any express provision in the Municipalities Act permitting delegation of such powers, the DMA had no jurisdiction to entertain the complaint.

3. Relevant Facts

Background of the Dispute

• The petitioner, Mr. Jervis Fernandes, filed a complaint dated 18.04.2023 before the Director of Municipal Administration (DMA), Panaji, against Respondent No.1, who was a Councillor of Ward No.1 of Sanguem Municipal Council.

Allegations Against the Councillor

• The petitioner alleged that Respondent No.1 had fraudulently obtained a construction license for a commercial and residential building and had acted contrary to the construction license issued to him.

• It was alleged that despite directions from the Deputy Town Planner, Quepem, the Chief Officer of Sanguem Municipal Council failed to investigate the matter.

• The petitioner further alleged various irregularities in the construction work and that Respondent No.1 had obtained a false Caste Certificate, which constituted corrupt practices during the election contest.

• The petitioner sought removal of Respondent No.1 from office on grounds of misconduct and disgraceful conduct.

Order of the Director of Municipal Administration

• The DMA, after hearing both parties, dismissed the complaint vide judgment and order dated 29.09.2023.

• The DMA held that he had no jurisdiction to entertain the complaint under Section 44 of the Goa Municipalities Act, 1968, and that such powers were vested exclusively in the Government.

• Aggrieved by this order, the petitioner filed the present writ petition before the High Court.

Petitioner's Arguments

• The petitioner contended that the DMA had the power to d

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