PANJIM:The High Court on Friday asked the State Election Commission (SEC) to file an affidavit as to why elections should not be cancelled on March 24, with valid reasons.
Hearing the petition filed by Vasco resident Kenneth Silveira, the court asked SEC to decide and revert by 12 pm on Saturday, independently without consulting the State government on why elections should not be postponed.
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Bench of Justice MS Jawalkar,abd Justice MS Sonak, said that there is absolutely nothing wrong in the State Government and the SEC consulting one another. However, considering the constitutional position of the SEC, independent application of mind by the SEC is an imperative.
“To begin with the SEC has to take a decision in the matter on the poll date and this is not a matter which the SEC can simply go by the decision of the Government, which, it appears, it has done, going by the last its submission,” the order reads.
Further, it said, “deferring to the constitutional position of the SEC, we direct the SEC to take a decision on the advisability of proceeding with the polls on March 24, 2020 and to place such decision together with its reasons before us on 21st March, 2020.”
The court further said that at present, all it says is that the SEC must take into account the relevant considerations flowing from the various advisories and directives from the Central Government and eschew irrelevant considerations.
“The SEC to state its decision and reasons on an affidavit on March 21, 2020 at 12 noon. We make it clear that the observations made in this order are only prima facie,” the order said.
Fearing the ongoing CoVID19 pandemic issue worldwide, Kenneth Silveira had moved the High Court for cancelling and postponing of Zilla Panchayat polls, which was supposed to be held in Goa on March 22, 2020.
Silveira said that there are around 8.3 lakh potential voters in Goa and they were expected to participate in election process on March 22, 2020.
“I would like to bring it to the notice of the concerned government officials that the World Health Organisation (WHO) has declared COVID19 from an epidemic to a pandemic disease as it has affected several countries all over the world” he told reporters.
Silveira also revealed that this is being done for larger good and safety of the Goan people.
