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6. Mr. Nadkarni and Ms. Simran Khadilkar, learned Counsel for the petitioner in Writ Petition no. 1177/2018, placed reliance on the decisions in Thalappalam Service Cooperative Bank Limited & Ors. vs. State of Kerala & Ors. (supra), Michael Charles D'Souza vs. Ganesh V. V. Gaonkar & Ors. 3, D. A. V. College Trust & Management Society & Ors.4 People Welfare Society, through its President Madhukarrao Wasnik vs. State Information Commissioner & Ors. (supra), Nathu Vithoba Shingne vs. State of Maharashtra, through its Secretary, Dept. of Forest & Revenue & Ors. 5 and Attorney of Communidade of Serula & anr. vs. Mr. Harihar V. Chodankar vs. Mr. Harihar V. Chodankar & Ors.6 in support of his submissions.

1 2024 SCC OnLine Bom 716 2 (2013) 16 SCC 82 3 1991 Mh.L.J. 1432 4 (2019) 9 SCC 185 5 2024 SCC OnLine Bom 1928 26th July 2024 WP-1004-17-1177-2019.doc

7. There was no appearance on behalf of the respondent no.1. We, therefore, requested the Additional Government Advocate to assist us with the counter point of view to the one canvassed by learned Counsel for the petitioners. Mr. Priolkar invited our attention to the relevant provisions of the RTI Act to submit that having regard to the provisions of Section 5(4) and 5(5) of the RTI Act, which clearly provides that the State Public Information Officer as the case may be, may seek the assistance of any other officer as he or she considers it necessary to discharge his or her duties properly, the escrivao/clerk Administrator is duty bound to supply the information to the respondent no.1. Reliance is placed on the decision of the learned Single Judge of this Court in Attorney of Communidade & anr. vs. Mr. Harihar v. Chodankar & Ors.7 in support of the proposition that under Sections 5(4) and 5(5) of the RTI Act, the attorney is to be held as a deemed Public Information Officer.

10. The aforesaid observations will help us in better understanding the issue that arises in the present case. Now let us exercise the relevant provisions of the Code of Communidade.

Article 1 of the Code stipulates that the comunidades or 'gauncarias'- (association of gaucares) existing in the District of Goa shall be governed by the provisions of the present Code, and in particular, by the specific statutes governing each of them and in matters where the code is silent, the general law shall apply.

17. Article 117 of the Code stipulates that the administration offices of the comunidades are considered for all purposes as public offices. Article 118 of the Code stipulates that in each of the Administration of Comunidades, the respective administrator shall be appointed by the Government on deputation from amongst the Junior grade officers of Goa Civil Service. Article 125(4) of the Code gives power to the administrator of comunidade to enforce the collection of supplementary derrama when there are extraordinary expenses duly authorised. Article 125(5) of the Code empowers the Administrator of communidades to inform the communidades and the parties concerned, by 15th December, of the share of derrama which they are required to pay, and at appropriate time, the share of derrama which they are required to pay, and at appropriate time, the share in an extraordinary derrama. It further provides that the recovery of the respective installments, either by voluntarily payment or by coercive measures, shall be done as per the provisions in this Code.