PANJIM: The High Court of Bombay at Goa has dismissed a petition that sought contempt proceedings against the government in connection with the recent amendment to the Goa Municipalities (Amendment) Act 2021.
The petitioner had approached the High Court based on the Advocate General’s earlier submission before the court that municipal elections will be announced three weeks in advance. However with the recent amendment to the Act, which came following the assurance to the court, the time period has reduced to seven days. Hence a contempt petition was filed against the government and the State Election Commission for violating the court order.
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In view of the subsequent developments, which have taken place and copies of the documents which are available, the Court asked the counsel for the petitioners to argue to make out a case for notice. Following the hearing, the court noted that as per the scheme of the Constitution of India, the
Legislature is a supreme authority in this regard.
“The sovereign power of making law is reserved for legislature. Giving a particular period for the purpose like present one, is a matter of policy and only legislature can lay down policy in this regard. The submissions made by the Advocate General in the proceedings like present one are for the government. In the past, there was no such period prescribed and now the period is prescribed. The purpose behind fixing the period can be found in the legislation and whether the period is reasonable or not, must have been considered by the legislature. The matter can come before this Court only in review jurisdiction. In view of these circumstances, this Court holds that it cannot be said that there is any intentional disobedience of the aforesaid orders made by this Court from the Respondents. This Court has power to decide as to whether it will be proper to start contempt proceedings and for that also this Court holds that it has no desire to start contempt proceedings,” the division bench said while dismissing the petition.
