NEW DELHI: The Supreme Court on Thursday stayed the March 1 order of the High Court of Bombay at Goa cancelling elections to the five municipalities of Margao, Mapusa, Mormugao, Sanguem and Quepem and issued notices to the State Election Commission (SEC) and Fouziya Imtiaz Shaikh, a petitioner in the High Court who has filed a caveat to prevent any ex-party order.
A Bench comprising Justice Rohinton Fali Nariman and Justice Hrishikesh Roy fixed the further hearing to next Tuesday (March 9) on the petition filed by the Goa government. Both SEC and Fouziya were made respondents in the State government’s petition.
If you enjoyed reading this article, you can help support our journalism by adding OHeraldo as a preferred source.
The High Court had allowed the SEC to continue the election process in other municipalities while striking down the process in the five municipalities for not reserving the wards for women as required under the law. In lieu of the top court staying the High Court decision, the SEC can go ahead with the elections in the five municipalities that were kept in abeyance.
The Supreme Court lifted the SEC’s order keeping the elections in abeyance. The Goa government may issue a notification to hold the elections in the light of the top court’s order, though the latter’s final order may come only on Tuesday when the hearing is fixed after getting replies from the respondents
Pitted against the team of Solicitor General Tushar Mehta and Goa’s Advocate General Devidas Pangam on behalf of the Goa government was former Additional Solicitor General Atmaram Nadkarni, who has been earlier Goa’s Advocate General. He appeared for Fouzia Sheikh, former chairperson of Sanguem Municipal Council. Advocate Abhay Anil Anturkar appeared for SEC.
A brief order of the court, after hearing both sides through video conference, reads: “We stay the impugned direction of the High Court as well as the Election Commission notification, which is in pursuance of the High Court judgment. Pleadings to be completed before the next date of hearing. Liberty is granted to learned counsel to file written arguments in the meantime. List on Tuesday, the 9th March, 2021.”
