Team Herald
PANJIM: Adamant to hold elections in September, the State government on Monday moved the Supreme Court challenging the two orders of the High Court of Bombay at Goa that directed it to hold the Village Panchayat polls by August 12. The Special Leave Application (SLP) is likely to be heard on Wednesday.
The State has pointed out to the ensuing month-long monsoon session of the Legislative Assembly, heavy downpour and Ganesh Chaturthi festival for postponing the elections.
Advocate General Devidas Pangam said that rains could play havoc for the voters, staff and candidates considering that it has been raining heavily in Goa.
The same reasons were cited to the High Court’s Division bench of Justice M S Sonak and Justice R N Laddha, which refused to accept the submission.
The Bench had not only quashed the government’s decision to postpone the elections to 186 panchayats but also directed the State Election Commission (SEC) to complete the polls process within 45 days from the date of the order, June 28.
The Bench was visibly upset with the authorities over their decision to postpone the polls defying the constitutional mandate under Article 243-E, which it found to be unsustainable. While it maintained that the Government had no powers to decide on the election process apart from issuing notification, the Court pointed out that considering the constitutional position, independent application of mind by the SEC was imperative.
The State, on the following day, filed a revision petition to allow an additional 30 days to complete the process for holding the polls. The petition was dismissed after which the government issued a notification declaring elections on August 10 and counting on August 12. In the meanwhile, the government drafted SLP challenging the High Court’s order before the Apex Court.
