*HC directs govt to issue notification within 3 days & fix date of election in consultation with SEC
*HC directs govt to complete the entire procedure within 45 days.
Goemkarponn Desk
PANAJI: The Bombay High Court at Goa today directed the State government to fix the date of panchayat elections within three days, in consultation with the State Election Commission and issue notification.
The division bench has made it clear that the entire election process has to be completed within 45 days.
The five year term of 175 panchayats ended on June 18 and pending election to new body, the Administrators have been appointed to looking into the daily affairs of these panchayats.
“Neither the State Election Commission nor the State Government or, for that matter, the State Legislature, including the Supreme Court, in the exercise of powers under Article 142 of the Constitution of India can countenance dispensation to the contrary,” the High Court had observed.
“We are satisfied that the State Government cannot defeat the constitutional mandate by refusing to issue a Notification in terms of Rule 10 of the said Rules. Therefore, the Rules made under the Panchayat Raj Act must yield to the constitutional mandate,” the High Court had said.
The term of 186 Panchayats in the State of Goa came to an end on 18/06/2022. Therefore, in terms of the constitutional mandate, elections to these Panchayats should have been held before 18/06/2022.
The primary responsibility for holding such elections is that of the State Election Commission. The State Election Commission made it clear that it supported the claim that elections should be held as early as possible.
It may be recalled that the SEC had earlier even decided to call a press conference on May 23 to announce the poll schedule but had to cancel it without any reasons. There were reports that the State Election Commissioner W V Raman Murthy was pressurised by the government to call off the media briefing.
The AG also submitted that the time was consumed since SEC sought certification which was not within the domain of the government and further sought to seek orders from appropriate court of law when no such exercise was legally available.
