PRABHAKAR TIMBLE
The Supreme Court has deviated from its precedent of not interfering with election schedule once declared by a statutory and constitutional body. The Goa case became an exception to the otherwise accepted precedent.
There are valid grounds to deviate and uphold the order of the High Court. The notification by the Directorate of Municipal Aministration in respect of reservations was not based on any uniform and valid criteria. It smacked of subjectivity and fancies of the administration. Political interference and prejudiced hands of the ruling powers could be read into the notification.
The High Court order was not to stall or postpone elections. The order directed the State Election Commissioner to complete the elections by mid-April. There was also a direction to the Directorate of Municipal Administration to issue fresh notification reserving the wards of the five Municipal Councils. The High Court in fact gave time to State Election Commissioner to get the unconstitutional notification rectified but the authority pleaded inability.
The State Election Commissioner declared the election schedule fully knowing that there was a petition filed in the High Court. This was to pre-empt the High Court from its freedom to pass order on merits and grant justice to aggieved parties. The State Election Commissioner continued to be an habitual yes-man of the government once again by haste in declaring a fresh schedule when the Supreme Court was actively considering the issue. The State Election Commissioner did this on the interim stay granted by the Supreme Court on the order of the High Court of Bombay at Goa. There is nothing wrong to conclude that this devilish trick was partisan and prejudiced in favour of the government. The government and the State Election Commissioner probably thought that the Supreme Court will not order for a fresh election process. At most, the apex court may express unpleasantness and pass strictures against both for future reference. The State Election Commissioner colluded with ruling powers to take the election process to a point of no return.
The Supreme Court has come down heavily on the government. It is expected that State Election Commissioner would cancel the election schedule without batting an eye-lid.
The government stands completely exposed. First, in the matter of reservation of wards. Further, in the appointment of a working officer as the State Election Commissioner. The Supreme Court has rightly underlined this as a mockery of democracy and derailment of free, independent and fair elections.
These strictures mean that Goa does not have a State Election Commissioner. The current State Election Commissioner is not a statutory body as contemplated under the Constitution. The Court has directed that the officer should resign from this office and the government should divest such officers from the duties of elections, in whichever State such arrangements exist.
What Goa had as a State Election Commissioner was a postman or delivery boy of BJP government. What could people expect from an inward and outward clerk designated as State Election Commissioner? What appals me is the deaf and dumb approach of the Governor of Goa whose responsibility is to ensure that the government conducts its affairs as per constitutional norms and provisions.
(The writer is a former State Election
Commissioner)
