Team Goemkarponn
PANAJI: The High Court of Bombay at Goa has struck down the State Election Commission’s notification dated September 9, 2026, concerning municipal ward delimitation, after a challenge over the failure to complete the prescribed consultation with the state government.
The petition, filed by Sudeep Dhargalkar, questioned the legality of the notification, alleging that the SEC had finalised the delimitation without complying with Section 10(3) of the Goa Municipalities Act, as amended. The provision requires consultation with the government as part of the process.
The petitioner argued that the commission could not treat this legal requirement as secondary while working towards a deadline fixed by the High Court. According to the plea, the notification was issued before the consultation process had been properly completed.
The delimitation exercise began with the publication of a draft on July 24, 2026, followed by a 30-day period for filing objections. On August 25, the High Court directed that the exercise be completed by September 9.
However, the petition stated that the relevant file reached the government for consultation only on September 4, allegedly without all the information needed for a proper review. It contended that such a process did not provide a meaningful opportunity for the government to examine the proposed ward boundaries.
The petitioner also questioned the distribution of voters across certain wards, pointing to substantial differences in voter numbers within the same municipality. The plea argued that these variations required scrutiny before the delimitation was formally notified.
Seeking the cancellation of the September 9 notification, Dhargalkar maintained that compliance with a judicial deadline could not justify disregarding a mandatory statutory procedure.
The matter was heard by a Division Bench comprising Justice Valmiki Menezes and Justice Amit Jamsandekar. The court set aside the notification, with a detailed order expected on Friday.
