Team Goemkarponn
PORVORIM: In a last-minute development, the Bombay High Court at Goa on Wednesday set aside the Ponda Assembly by-election that was scheduled for April 9, halting the poll process just hours before voting. The order came amid an intense multi-cornered contest after weeks of campaigning by major political parties.
The decision followed two petitions filed by voters from the constituency challenging the conduct of the bypoll. The petitioners argued that any candidate elected would not be able to complete the minimum one-year tenure contemplated under the Representation of the People Act, 1951. The Court accepted this argument and also declined the Election Commission of India’s request to stay the order.
The plea pointed out that the present term of the Goa Legislative Assembly ends on March 14, 2027. Since the new MLA would assume office only after completion of the election process, the remaining period in office would be around ten months. The petitioners contended that the law provides an exception to holding a by-election when the remaining tenure is less than one year, and therefore the poll should not be conducted.
They further submitted that the short tenure would severely limit the legislative role of the elected representative, who may get an opportunity to attend only one Assembly session. In case of early general elections, the MLA might not even participate in a session, the court was told.
The petitions also flagged the financial and administrative implications of conducting a by-election for a brief period. It was argued that the exercise would involve substantial public expenditure and impose additional costs on candidates, while the Model Code of Conduct would disrupt routine governance and divert administrative machinery.
The by-election had been necessitated following the death of sitting MLA and former Agriculture Minister Ravi Naik in October last year. Campaigning had ended and the constituency had already entered the mandatory 48-hour silence period when the court delivered its ruling.
The contest had shaped into a triangular fight involving BJP nominee Ritesh Naik and candidates Ketan Bhatikar and Geetesh Naik, with senior leaders from various parties actively canvassing in the constituency.
During the hearing, counsel for the petitioners argued that the new legislator would likely take office only around May 2026, leaving less than a year before the next Assembly elections. They maintained that proceeding with the poll in such circumstances would be arbitrary and lead to unnecessary expenditure from the public exchequer.
The Election Commission, however, offered a different interpretation, submitting that the remaining tenure should be calculated from the date the seat fell vacant in October 2025, when more than one year of the Assembly term remained. It was also noted during proceedings that the State government had not filed an affidavit in response to the petitions.
With the High Court’s order, the by-election process has been halted, leaving the future course for the Ponda constituency to be decided after further legal and administrative steps.
