Team Goemkarponn
PANAJI: The Supreme Court on Monday asked the Election Commission of India (ECI) to file its response on a petition challenging the Bombay High Court at Goa’s decision to cancel the Ponda Assembly by-election notification.
A Bench comprising Justice Vikram Nath and Justice Sandeep Mehta noted that the interpretation of Section 151A of the Representation of the People Act, 1951, would be central to the adjudication of the matter. The Court has scheduled the case for final hearing on May 8.
The Special Leave Petition has been filed by Congress candidate Ketan Bhatikar, who contested the Ponda Assembly seat. He has challenged the High Court’s April 8 ruling that had struck down the Election Commission’s notification announcing the by-election.
The High Court had quashed the notification after holding that it was inconsistent with provisions of the Representation of the People Act. It observed that since less than one year remained for the completion of the current Goa Legislative Assembly’s term, which is set to end on March 14, 2027, conducting a by-election was not permissible under the law.
The legal challenge was originally filed by two registered voters from the constituency, who argued that the timing of the by-election was invalid given the short remaining tenure of the Assembly.
Accepting the argument, the High Court also noted that the result of the proposed by-election was expected around May 4, meaning the elected representative would have served only about nine months in office.
The Supreme Court will now examine the legality of the High Court’s interpretation and whether the Election Commission’s notification can be sustained under electoral law.
