Team Herald
PANJIM: The legal luminaries and former municipal chiefs have criticised the State government’s decision to promulgate an Ordinance on the Goa Municipalities Act to wrest control over the municipalities thereby exposing councillors to fear and intimidation.
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Former State election Commissioner, Professor Prabhakar Timble is clear that there is no ambiguity about holding the elections through a secret ballot, which the state had promised to the Court
Professor Timble said, “On September 28, the Advocate General ostensibly pointed before the Goa High Court that the government of Goa will conduct the elections to the post of Chairperson of the Margao Municipal Council by secret ballot making a mention that the convention is already in practice.”
The Court observed that Rule 7 of the Goa Municipalities (Chairperson and Vice-Chairperson Elections) Rules 1969 is quite clear.
“The Court further noted that considering the rule, there can be no serious apprehension that the forthcoming elections will not be held in accordance with the rules,” he said.
Former Law Minister Adv Ramakant Khalap said, “Ordinance speaks ill of the government. Heavens are not going to fall if the Ordinance is not promulgated. The Government interfering in local self-government is not in good taste. Every government of the day does it and it appears that the ghosts of the past are coming to haunt them.”
The purported quick assertion of Chief Minister Pramod Sawant that he is on board with the decision totally has also drawn comment from Professor Timble.
“The Chief Minister is on record stating that the law in respect of elections to the posts of Chairperson and Vice-Chairperson of Municipal Councils will be changed to replace the existing practice of secret ballot by show of hands. This is nothing but misleading the High Court. In plain words, such acts come under the umbrella of cheating and trickery,” he said.
Former Advocate General and Aldona MLA Adv Carlos Alvares Ferreira said, “The Ordinance shows that people have not accepted defections. So, disappointed and out of panic the government is now bringing an Ordinance to silence the voice of the people and amending the Goa Municipalities Act.” “The secret ballot is expressed exactly what the councillors feel from deep without fear of being exposed to retaliation action or revenge. The Ordinance speaks for itself for lack of faith by government and BJP in its own elected councillors,” Adv Ferreira said.
Eminent legal eagle, Adv Rohit Bras de Sa said, “The election of municipal chairperson and the vice chairperson has to be by a secret ballot. The councillor has to exercise his franchise without fear, threat, intimidation and without influence.”
He/she should have the right to vote for competent candidates as per his/her assessment and in the interest of the people who have elected them.
“Changing the Act and making elections by show of hands will expose councillors and they will be subject to harassment, intimidation and political victimisation. If Ordinance is challenged it will not stand Constitutional test in High Court,” he said.
Former CCP Mayor and councillor Surendra Furtado said that the government should give free hand to councillors to vote as per their conscience.
“The government is killing democracy by changing the Act. Why did the government promulgate the Ordinance when Advocate General Devidas Pangam had assured High Court that the rule of secret ballot will be followed for the election of the chairperson of municipal councils? The High Court should take Suo moto cognisance of it,” Furtado said.
Former Ponda chairperson and councillor Venkatesh `Dada’ Naik said, “Municipal elections are not fought on party lines. Elected individual councillors form groups and decide chairperson and vice chairperson as per their conscience. If the government wants the Ordinance route to elect a Chairperson and Vice Chairperson by show of hands then why not people be allowed to elect their councillors by a majority show of hands?
Former Curchorem-Cacora chairperson and councillor Balkrishna ‘Pinty’ Hodarkar who faced no-confidence within 24 hours after being elected as chairperson said, ”It’s totally wrong to promulgate Ordinance. The government is taking away the councillor’s rights. The secret ballot is our right and the government is hijacking it. By a show of hands, the councillor’s identity will be known.”
Former Margao chairperson and Shadow Council of Margao convenor, Savio Coutinho said, “Bringing Ordinance is nothing but total political interference in local body politics. The ordinance will cause permanent constitutional damage to the grass root body system.”
