PANJIM: The High Court of Bombay at Goa will simultaneously hear two petitions challenging the process of delimitation of wards and reservations conducted by the Directorate of Panchayats, as well as the validity of holding elections in violation of the constitutional mandate. 

The High Court on Thursday heard a Public Interest Litigation (PIL) filed by NGO Mango Foundation wherein Adv Wilbur Menezes submitted that according to Articles 243 K and 243 ZA, the powers to conduct delimitation and reservation is vested with the State Election Commission (SEC).

“The petition is in no way trying to frustrate or delay the panchayat elections. Our intention is purely to ensure that people have free and fair elections… If government departments are allowed to delimit and reserve wards, it directly compromises the election as government departments are directly under the influence of the (political) parties in power. The entire task should be carried out by SEC instead,” he argued. “For a free and fair election as per the Constitution of India, the delimitations and reservations should be conducted by SEC and not by the Directorate of Panchayats or Municipalities.”

Advocate General Dattaprasad Lawande, on the other hand, submitted that there is no urgency in deciding the constitutional validity of sections, to which Adv Menezes replied that the panchayat elections are incumbent and an unconstitutional authority is delimiting and reserving wards. “Public money should not be wasted to again hold elections if they are declared in violation of the Constitution,” Menezes said.

As another petition was filed on Tuesday challenging the validity of holding the elections later than the constitutional mandate, the court has decided to hear both simultaneously on Tuesday. The State government has proposed to hold the polls on June 17.