SC refuses to interfere with HC order on holding Goa panchayat polls

The Supreme Court on Wednesday refused to intervene in the Bombay High Court’s order to overturn the state government’s decision to postpone the Panchayat elections in Goa.

The panel of judges Dinesh Maheshwari and Krishna Murari did not accept the state’s claim to postpone the polls considering monsoons.

Senior Advocate Neeraj Kishan Kaul, who represents the state, said the monsoon rains may lead to flash floods and no one will give out machines during the polling process. But the court did not accept that.

In its June 28 order to overturn the state’s decision to postpone the polls, the Bombay High Court in Goa did not refute any words while expressing its displeasure.

“This is the fourth case in the past two decades when the state government and the State Election Commission (SEC) have either avoided or failed to comply with the constitutional mandate in Section 243E. Delays and subsequent challenge to the constitutional mandate have become a regular feature,” the court said.

“The attempt is to create a fait accompli, encouraged by the fact that not even the strongest court can turn back the clock or make up for lost time,” she said.

“There are no reported cases of any action against those responsible for strict violations of the constitutional mandate, and in most cases the Securities and Exchange Commission would meekly comply with the state government and pay default,” the court said.

But this time, the court said, the SEC “has made it clear that it not only wanted the elections to be held as soon as possible, and that it made every effort to hold elections on May 29, 2022, 04.06.2022, 11.06.2022, 15.06. 2022 and 18.06.2022. “.

The Supreme Court said the petitioners’ lawyers were justified in their claim that the monsoon, an annual feature in Goa, could not be elevated to the level of a natural disaster.

While the five-year period for some panchayats has expired and is about to expire in others, the Supreme Court has directed the state government and the SEC to ensure that elections are held and completed no later than 45 days.

Leave a Comment