PANJIM: In an interesting development, Goa State Election Commission (GSEC) has supported a petition by a villager seeking directions to the government to hold the general panchayat elections at the earliest.
The GSEC is one of the respondents in the writ petition filed by a villager from Socorro.
As the term of village panchayats ended on June 18 followed by appointments of administrators, former Socorro sarpanch has approached the High Court of Bombay at Goa seeking completion of the election process for 2022-2027.
Petitioner Sandeep Vazarkar also challenged the appointment of statistical assistant in the office of Director General of Police (DGP) as administrator to govern the affairs of the Socorro panchayat.
The petitioner submitted before the division bench of Justices M S Sonak and R N Laddha that the term of 175 village panchayats in the State ended on June 18, 2022. Therefore, in terms of the constitutional mandate, elections to these local self bodies should have been held before the above mentioned date.
Representing GSEC, Adv S N Joshi submitted that the GSEC made all arrangements to hold the elections on May 29, 2022. After that, the GSEC proposed holding elections on June 4, 2022, June 11, 2022 and June 17, 2022.
“About 22 days time is required to complete the election process. The GSEC was only disabled from holding the elections because of the non-issue of Notification under Rule 10(1) of The Goa Panchayat and Zilla Panchayat (Election Procedure) Rules, 1996 by the State Government,” Joshi submitted.
Legal representative to the petitioner Advocate Y V Nadkarni stressed on observations in paragraph 18 in which it is stated that it is not only a constitutional obligation of the State Election Commission but also of the State Government, including of the constitutional courts, to ensure that the constitutional mandate of holding the timely election is not frustrated.
On account of reference to the constitutional Courts, the Court said it was “anxious to take up this matter at the earliest” however Advocate General Devidas Pangam sought time by four days to file the affidavit stating that this adjournment will not make much of a difference to a matter of this nature. He pointed out that the Administrator has already been appointed with effect from June 19, 2022 and that an affidavit of the State Government will be necessary to explain its position.
“The matter, in our opinion, cannot brook any delay. But to grant some reasonable opportunity, we accede to the learned AG’s request and post this matter for further consideration on June 27, 2022. The affidavit-in-reply should be filed on the said date. The learned Advocate General states that an advance copy will be furnished to the learned Counsel for the Petitioner and GSEC. We will appreciate it if such an advance copy is given at least on the morning of June 26, 2022,” the court observed.
Since the matter has been adjourned, the Bench has directed the GSEC also to file its affidavit in the case on June 27, 2022. The matter, the Bench said, will be heard first on the board on Monday, June 27, 2022.
What is Rule 10(1) The Goa Panchayat and Zilla Panchayat (Election Procedure) Rules, 1996
Rule 10(1) of the said Rules provides that the Government, in consultation with the Commissioner, or, shall, after it is decided to hold an election in the Village Panchayats or Zilla Panchayats concerned, by notification in the Form I or Form I-A as the case may be, appoint the date(s) for holding election thereof. Rule 10(2) of the said Rules then requires the State Election Commission to take steps necessary for fixing the dates and hours for various stages of an election as specified.
