Goa’s legal community hails ‘historic SC judgement’
Team Herald
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PANJIM: The landmark verdict of the Supreme Court with regard to the municipal elections in Goa has been hailed by the legal fraternity in the State.
“The Supreme Court judgement is a rare one where the election process has been halted. The governments are used to courts not interfering with executive abuse in political and policy matters. The Goa Govt, which attempted to win elections by back door methods have been shown their place. It can be said that if courts act with integrity and alacrity as shown in this case, the governments shall not be in a position you manipulate issues of governance. The State Election Commissioner who acted as an agent of the government and has also been shown his place. The law must be amended to lay down proper policy of both reservation and delimitation, so that such manipulations do not take place,” said advocate Cleofato Almeida Coutinho who is a constitutional expert.
Advocates, incidentally former Advocate Generals of Goa (AG) who had represented petitioners also shared their views.
Former AG, Adv Carlos Alvares Ferreira who represented petitioners from Margao and Fatorda lauded the Supreme Court’s order.
“A victory for democracy! A victory for Constitutional values! A victory for Goa! What better than a gift on this auspicious day on the birthday of Goa’s first CM Dayanand Bandodkar. While upholding the Judgment of the Bombay High Court at Goa, the Supreme Court not only confirmed the machinations being done by the Goa State Government but also highlighted the manner in which, the Pramod Sawant Government tried to suppress the Bhaujan Samaj including the SC/ST/OBC and women despite the Constitutional mandate. The Supreme Court also came down heavily on the Goa Law Secretary who was holding charge as State Election Commissioner and the Supreme Court, uniquely exercising powers under Article 142 of the Constitution of India directed his removal from the post and also directed this to be followed throughout ‘the length and breadth of the country’. In my view, if the Law Secretary, who is the State’s highest legal officer, subverted the Constitution, he is unfit to hold any post. Similarly, the Urban Development Minister, who presided over this Constitutional fraud, should be sacked for this fiasco,” said adv Carlos.
Former AG Dattaprasad Lawande, who represented Goa Forward Party (GFP) in this matter, also praised the verdict. His views were endorsed by senior advocate Atmaram Nadkarni, a former additional solicitor general and former Goa advocate general, who had argued before the Supreme Court bench earlier this week in this case.
“Our stand which was taken before the High Court was upheld by the Supreme Court. Our stand is vindicated. Secondly, this issue was regarding free and fair elections. And the primary question was that the government cannot meddle with the election and that they should have an independent election commission. The High Court also commented on the independence of the election commission. So, that stand of the petitioner was vindicated before the Supreme Court. The contention was that you cannot reserve a seat in an arbitrary manner at the last minute and thereafter hold elections. That was the issue before the High Court. The Supreme Court has upheld the order of the High Court. It is a well written order and I must say it is in the furtherance of free and fair democratic elections. I believe this is a historic judgment wherein the Supreme Court has laid down certain guidelines, criteria as to how the election commission has to be appointed. He has to be an independent election commissioner. He can’t be an officer of the govt. so all these criteria have been laid down by the Supreme Court,” said Adv Lawande.
