The government seems to have taken the loss of the chairperson candidate backed by them in Margao Municipality elections to their heart. Notably, they think the current system of electing the chair-person is faulty. Hence, not only did they decide to change the system but also brought an ordinance to amend the Municipality Act which was published on October 6, 2022 in an official gazette. Needless to say the whole chaos has been objected to. What was the emergency to bring the Ordinance?
The loss of the BJP’s candidate, videlicet, Digambar Kamat’s in Margao chairperson poll, shook the ruling party last month. As a result the government made their moves instantly to bring the councillors on their side by seeking a promise from them in front of the chief minister. A motion of no confidence was moved and passed within the three days assuring the return of a Kamat-backed candidate. However, the government’s lack of confidence in their victory was exposed after they contemplated bringing an Ordinance to change the law.
Till now the election to elect a chairperson was held by a secret ballot. The ruling party was scared of betrayal from their own coun-cillors which is why they brought in the system of electing by show of hands. The decision was met with criticism from opposition to which Digambar Kamat responded saying there is no mention in Municipality Act that the voting should be done only through a se-cret ballot. In that case, Kamat should also state the need to bring a change in the law then. If the previous system was not of voting by secret ballots then what is the problem? The system of casting votes by secret ballots has existed ever since the Municipality Act was enacted in 1969. The elections held till today have been con-ducted by ballot system.
The system is also used to elect panchayat sarpanch and presi-dent of Zilla Panchayat without any trouble. The ballot system is ideal in a sense that it gives full freedom to the voter for their vote to stay confidential. It has been accepted after a thorough consid-eration and the decision to change it has no valid reason. Howev-er, the goals of the ruling party have become ultra-ambitious to an extent that they want to be in power everywhere possible. MLAs are constantly striving to control panchayats and municipalities through their karyakartas and can go to any extent.
If the MLA belongs to the opposition party then his fight is limited. Which is why BJP amended certain sections of Goa Panchayat Raj Act, 1994 back in 2015 (Ordinance) to make Zilla panchayats possible to be fought on party lines. Unfortunately, some changes in the law which were expected to be made are still pending. Anti-defection law especially, is still not in place. Some Zilla panchayat members contested the recently held Assembly Elections on an-other party’s ticket but they could not be disqualified since the law that should be disqualifying them does not exist in the first place.
The government’s ignorance towards this is disheartening. In short, the government’s preference is to change the already existing laws instead of bringing in the much needed ones. The government’s re-cent ordinance has directly changed the Act wherein they should have changed the rules to elect the chairperson. Of course, there is a procedure to this which may take more than a month. There-fore the government chose to go the ordinance way. The proce-dure to elect the chairperson is mentioned in the law and to amend the Act for that is not right.
A chairperson should be from the majority-group and Kamat is right about that. However, that has to be proved during the polling itself. To make a group outside and then claiming a majority is not fair by the standards of law. Therefore the municipality elections are not contested on the party level. To make a group, dictate them to move a certain way and then to claim majority is the same as con-testing the elections on party lines.
The current system of ballot was apt to prove the clear majority. Funnily enough, there was only one nomination filed for the post of chairperson in Margao municipality which means the unopposed win was a certainty and with all the ongoing political drama, the government has fallen flat on their moral board.
