Goemkaponn Desk
PANAJI: The Goa government faced a major setback over ensuing polls to municipal councils with the High Court of Bombay at Goa stalling the process across 5 Municipalities.
The verdict pronounced a while ago comes after a marathon hearing into 11 petitions challenging reservation and delimitation of the municipal wards during the last fortnight. The court has also directed the State Election Commission to complete the election process by April 15.
While setting aside the notification regarding reservations of wads dated February 4, 2021, the bench has asked the Directorate of Municipal Administration to issue a fresh notification. The fresh notification has to be issued within 10 days.
The Advocate General Devidas Pangam intervened urging the court to stay the order for one week to approach the Supreme Court for challenging the order; plea rejected by the bench.
With this, elections to Margao, Mormugao, Mapusa, Sanguem and Quepem will be held based on directives of the High Court.
The HC Order….
(a)Writ Petition No. 515 of 2021 (filing) is dismissed.
(b)Writ Petition No.85 of 2021, 86 of 2021, 87/2021, 88/2021, 90/2021, 91/2021, 524/2021 (Filing) and 525/2021 (Filing) are hereby allowed. The impugned order dated 04/02/2021 issued by the Director and exofficio Additional Secretary, Municipal Administrator/ Urban Development, Goa in so far as it concerned the Municipal Council of Sanguem, Mormugao, Mapusa, Margao and Quepem is quashed and set aside.
(c)By a Writ of Mandamus, we direct the Director and ex-officio Additional Secretary, Municipal Administrator/ Urban Development, Goa to issue fresh Notification under sub-section 1 of Section 9 r/w. Subsection 1 of Section 10 of the Goa Municipalities Act, 1968 within a period of 10 days from today, thereby ensuring inter alia, reservation for women of not less than on-third of the total number of seats reserved for direct elections to the Municipal Councils.
(d) While exercising the power afresh and rectifying the gross illegalities pointed out in our judgment and order, the Director shall give due weightage to our observations made therein.
(e) The State Election Commission of Goa is directed to expeditiously notify the election programme, on the order for reservation of seats in the Municipal Councils being issued by the Director, Respondent No.2 and the State Election Commission shall align the schedule of election in a manner, to ensure its completion by fixing up its various stages as per the Goa Municipalities (Election) Rules, 1969 and the culmination of the process on or before 15th April,2021.
* At this stage, the learned Advocate General seeks stay of the impugned judgment and order in order to enable him to test the correctness of the decision before the Supreme Court and also since the programme of election is already declared on 22nd February, 2021 and it has advanced to the stage of filing of the nomination. We have considered the said prayer and we deem it expedient to reject it, for more than one reason.
* We have, in our detailed judgment pronounced today, deliberated extensively on the constitutional infraction and also principle of rotation amounting to arbitrariness set out in the State legislation and noting the said infraction, we are constrained to quash and set aside the impugned notification dated 4th February, 2021 issued by the director.
* We have also clarified that by interfering at this stage, not accepting the argument of the learned advocate general that the elections are imminent, we have ensured that the election programme which would be notified after rectifying the order issued by the Director thereby prescribing the reservation in different wards of the Municipal Councils, it is done with utmost promptitude, so that the entire election process is completed on or before 15th April, 2021.
* At this stage we have to adhere to it since we have noted that the respective Municipal Councils’ term had come to an end and it is under the control of the body of Administrators, and the State Election Commission had granted extensions on two occasions with the outer line stipulated to be 15th April, 2021.
* In such circumstances, we have in no way interfered with or protracted the election process notified by the Election Commission, but on noting the infraction of the constitutional provision and of rotation policy, we are advancing the process in accordance with the mandate of law of the election in the wake of decision in ‘Mohinder Singh Gill’.
* In fact grant of any stay at this stage, as prayed by the learned Advocate General, would further delay the process.
* In such circumstances, we are not inclined to accept the request made by the learned Advocate General for grant of stay and reject the same.