Are CCP elections constitutionally valid?

PANJIM, MARCH 7 A disclosure that could put the entire Corporation of the City of Panjim (CCP) elections in jeopardy, investigations have revealed that the State Election Commissioner was on leave when he signed the order for elections.

SEC Modassir signed notification when he was on leave

PANJIM, MARCH 7
A disclosure that could put the entire Corporation of the City of Panjim (CCP) elections in jeopardy, investigations have revealed that the State Election Commissioner was on leave when he signed the order for elections.
The SEC Dr M Modassir signed the order dated February 14, when he was actually on leave.
Thirty wards of the CCP will go to polls on March 13 and the counting is also scheduled for the same day.
The notification was issued on February 14, showing place as Panjim. However, investigations have revealed that Dr M Modassir was on a sanctioned earned leave from the Governor of Goa from February 7 to 18.
The sanction order from Governor states that Dr Modassir was permitted to leave the headquarters and travel to Aligarh, Uttar Pradesh.
So the question that arises is when the officer is not in town how can he issue an order and even showing place of issue as Panjim when the said officer is actually thousands of kilometres away in UP?
In view of the above one opines whether the elections are constitutionally valid when the notification itself is wrong.
In order to throw more light on the matter Herald contacted Chief Secretary Sanjay Srivastava and asked him whether an officer can sign an order or notification when he is on sanctioned leave, his instant answer was “no”.
“The officer has no powers to sign any order as he is on leave”, Srivastava told this reporter inquiring in what context the question was asked.
When the matter was explained to him, he immediately backtracked, “No, no…perhaps…you know…he may have signed in advance”.
“No I am just saying perhaps…may be…the election notices have to be issued 30 days in advance… and if the officer knows that no one else can sign than he can sign in advance….this is just my opinion and not a clarification or justification”, Srivastava said adding “the actual explanation can be given only by the officer (SEC)”.
Dr Modassir when contacted said that the entire election process cannot be held back only because an officer is on leave.
“The election schedule was known to us six months in advance as polls are held one week before the new council takes over”, he said.
Further, Dr Modassir continued, “hence I signed the order a day before I proceeded on leave as whole schedule was known”.
“There is no ambiguity on this issue”, he said refusing to accept any illegality in the poll notification.
It may be recalled that Dr Modassir (IAS), who was secretary to the Goa Government, recently took VRS on January 14 and was appointed the SEC soon after.
 

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